Creating a civil cause of action for violations of the constitution or laws of the United States by any person acting under the color of law.

Session of 2026
SENATE BILL No. 486
By Senator Holscher
2-4
AN ACT concerning civil rights; creating a civil cause of action for
violations of the constitution or laws of the United States by any person
acting under the color of law.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) (1) Any person who, under the color of law, subjects or
causes to be subjected any person to the deprivation of any rights,
privileges or immunities secured by the constitution or laws of the United
States or by the constitution or laws of Kansas, or whose exercise or
enjoyment of those rights, privileges or immunities has been interfered
with or attempted to be interfered with, by threats, intimidation or coercion
by such person acting under the color of law, shall be liable to the injured
person in an action at law, suit in equity or other proper proceeding for
redress.
(2) Interference or attempted interference with the exercise or
enjoyment of any rights, privileges or immunities under subsection (a) (1)
includes, but is not limited to, physical force or violence against a person,
damage or destruction of property or trespass on property, threatening
physical force or violence against a person, threatening damage or
destruction of property or trespass on property or engaging in any conduct
that would cause a reasonable person to suffer emotional distress or to fear
death or bodily injury to that person or to an immediate family member of
such person.
(b) If the injured person is incapacitated, deceased or otherwise
unavailable as a matter of law, an action under subsection (a) may be
brought by and in the name of the surviving spouse, child, parent or
guardian or personal representative of the injured party and on behalf of
the spouse, children or parents, or if none of these survive, on behalf of the
injured person's estate.
(c) In addition to any damages, civil penalty, injunction or other
appropriate relief awarded in an action brought pursuant to subsection (a),
the court may award the prevailing plaintiff reasonable attorney fees and
costs.
(d) The attorney general may bring a civil action for any violation
under subsection (a) for damages, injunctive relief or other appropriate
relief. The civil action shall be brought in the name of this state and may
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SB 486 2
be brought on behalf of the injured party. If the attorney general proceeds
with and prevails in an action brought pursuant to this section, the court
shall order the distribution of any award of damages to the injured party
and award reasonable attorney fees and costs to the attorney general.
(e) It shall not be a defense or immunity to any action brought under
this section that:
(1) The defendant was acting in good faith or believed, reasonably or
otherwise, that their conduct was lawful at the time when it was
committed;
(2) the rights, privileges or immunities secured by the constitution or
laws of the United States or by the constitution or laws of this state were
not clearly established at the time of their deprivation or interference or
attempted interference by the defendant, or
(3) the state of the law was otherwise such that the defendant could
not reasonably have been expected to know whether their conduct was
lawful.
(f) Punitive damages may be awarded in actions under this section
where it is proven by clear and convincing evidence that the defendant's
course of conduct was motivated by the victim's race, gender, religion,
sexual orientation, nationality, ethnicity or disability.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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