1.460. Violations, liability and civil penalty — sovereign immunity not a defense.

278 words·~1 min read·/mo/chapter-1/1-460

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

1.460. Violations, liability and civil penalty — sovereign immunity not a defense. — 1. Any political subdivision or law enforcement agency that employs a law enforcement officer who acts knowingly, as defined under section 562.016 , to violate the provisions of section 1.450 or otherwise knowingly deprives a citizen of Missouri of the rights or privileges ensured by Amendment II of the Constitution of the United States or Article I, Section 23 of the Constitution of Missouri while acting under the color of any state or federal law shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding for redress, and subject to a civil penalty of fifty thousand dollars per occurrence.

Any person injured under this section shall have standing to pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County with respect to the actions of such individual. The court shall hold a hearing on the motion for temporary restraining order and preliminary injunction within thirty days of service of the petition.

2. In such actions, the court may award the prevailing party, other than the state of Missouri or any political subdivision of the state, reasonable attorney's fees and costs.

3. Sovereign immunity shall not be an affirmative defense in any action pursuant to this section.

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(L. 2021 H.B. 85 & 310)

Effective 6-12-21

(2023)The Second Amendment Preservation Act is unconstitutional in its entirety as a violation of the Supremacy Clause, Article VI of the United States Constitution. United States v. Missouri, 660 F.Supp.3d 791 (W.D. Mo.).