Kentucky Statutes 506.180 – Cause of action by victim of criminal gang incident against defendant for damages
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(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.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 7, effective April 26, 2018.
(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
Terms Used In Kentucky Statutes 506.180
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Criminal gang: means any alliance, network, conspiracy, or group that:
(a) Consists of three (3) or more persons who have any of the following in common:
1. See Kentucky Statutes 506.135 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute: A law passed by a legislature.
(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.
Effective: April 26, 2018
History: Created 2018 Ky. Acts ch. 202, sec. 7, effective April 26, 2018.