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KRS 503.085
KRS 503.085 is the section of the KRS code that
states that a person that uses justifiable force is immune from civil liability
and the court is required to allow the Defendant to recover attorney fees if
sued.
(1) A
person who uses force as permitted in KRS 503.050,
503.055, 503.070,
and 503.080 is justified in using such force and
is immune from criminal prosecution and civil action for the use of such force,
unless the person against whom the force was used is a peace officer, as defined
in KRS 446.010, who was acting in the performance of his or her official duties
and the officer identified himself or herself in accordance with any applicable
law, or the person using force knew or reasonably should have known that the
person was a peace officer. As used in this subsection, the term criminal
prosecution includes arresting, detaining in custody, and charging or
prosecuting the defendant.
(2) A
law enforcement agency may use standard procedures for investigating the use of
force as described in subsection (1) of this section, but the agency may not
arrest the person for using force unless it determines that there is probable
cause that the force that was used was unlawful.
(3) The
court shall award reasonable attorney's fees, court costs, compensation for loss
of income, and all expenses incurred by the defendant in defense of any civil
action brought by a plaintiff, if the court finds that the defendant is immune
from prosecution as provided in subsection (1) of this section.
Link to
K.R.S. 503.085
Every situation is different this is for
information only and this is not legal advice.
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