506.180 Cause of action by victim of criminal gang incident against defendant for

178 words·~1 min read·/ky/506-180

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

damages.

(1)If a person alleges that he or she was a victim of a criminal act by:

(a)An organization, which at the time the incident or incidents were alleged to

take place was a criminal gang as defined in KRS 506.135; or

(b)A person, who at time the incident or incidents were alleged to take place was

a member of a criminal gang as defined in KRS 506.135;

that person may bring a cause of action against the defendant or defendants for

damages.

(2)In an action brought under this section:

(a)If the plaintiff prevails, he or she shall be entitled to reasonable costs and

attorney's fees;

(b)Any award of nominal damages to the plaintiff shall support an award of

attorney's fees and costs; and

(c)Punitive damages as well as compensatory damages shall be awardable.

(3)This section shall not be construed as repealing any provision of KRS 431.080 or

any other applicable statute or any statutory or common law right of action, but shall

be construed as ancillary and supplemental thereto.