03.085 Justification and criminal and civil immunity for use of permitted force — Exceptions.
(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and

Terms Used In Kentucky Statutes 503.085

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Peace officer: includes sheriffs, constables, coroners, jailers, metropolitan and urban-county government correctional officers, marshals, policemen, and other persons with similar authority to make arrests. See Kentucky Statutes 446.010
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

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.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 192, sec. 6, effective July 12, 2006.