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Committee hears bill clarifying sheriffs' liability for deputies' official acts
Summary
House Bill 2155 would add the phrase "official acts" to KSA 19-811 to align liability language for sheriffs with other statutes; Sheriff Jeff Easter and the Kansas Sheriffs Association supported the bill, saying it clarifies longstanding court interpretations.
The Kansas Senate Judiciary Committee received a briefing and testimony on House Bill 2155, which would amend KSA 19-811 to specify that sheriffs are liable for the "official acts" of deputies and jailers in the charge and custody of county jails. The Revisor's office briefed the committee on the statutory change, which supporters said aligns KSA 19-811 with language in KSA 19-805.
Sheriff Jeff Easter of Sedgwick County testified on behalf of the Kansas Sheriffs Association. Easter said the requested change would reflect how courts have long treated sheriff liability: "We're responsible for official acts that are conducted by our deputies," he told the committee, adding that the language would bring the statute in line with current practice and with cases dating back to the mid‑20th century.
Easter cited several Kansas Supreme Court decisions — Hitzman v. Kennedy, Libby v. Schmidt and Monroe v. Darr — that, he said, clarified sheriffs' liability for deputies' official acts. He described a past lawsuit in which a deputy committed a crime and was prosecuted; the sheriff's office prevailed but a federal judge was deliberating whether the sheriff would be required to pay the defendant’s attorney fees under existing language, a concern supporters said the bill addresses.
Committee members asked a small number of clarifying questions. Senator Reichman asked why the bill was necessary; the Revisor and Sheriff Easter responded that the language change simply aligns the older statute with current statutory phrasing and court interpretations and is not intended to expand or reduce existing liability beyond official duties.
Written testimony from the Kansas Trial Lawyers Association was submitted but the author did not appear in person. No neutral or opponent witnesses appeared at the hearing. The committee closed the hearing on HB 2155 without taking a vote.
