The City of Lawrence and several police officers were sued for violating the Kansas strip and body cavity search statutes pursuant to K.S.A. 22-2523. The lawsuit was filed more than two years after the incident with the police. The issue before the court was, “whether the 3-year statute of limitations found in K.S.A. 60-512(2) applies to actions brought under K.S.A. 22-2523.” The court concluded that the 3-year statute of limitation period did apply and reversed the Court of Appeals and the district court.

As explained by the court, “K.S.A. 60-512(2) applies when a statute creates a liability where liability would not exist but for the statute. If the statute merely provides a procedure for obtaining relief, it does not trigger K.S.A. 60-512(2).” In addition, the court noted that, “there are differences between an action brought for violations of K.S.A. 22-2521 and K.S.A. 22-2522 and an action brought pursuant to 42 U.S.C. § 1983.

See McCormick v. City of Lawrence, No. 90-853 [ http://www.kscourts.org/kscases/supct/2005/20050121/90853.htm ]