Kansas

quick facts

The Kansas Tort Claims Act

Under Kansas law, liability against government entities is governed by the Kansas Tort Claims Act (“KTCA”). ¹ It broadly provides liability against state and local governments “for damages caused by the negligent or wrongful act or omission of any of [the government’s] employees while acting within the scope of their employment under circumstances where the government entity, if a private person, would be liable under the laws of the state.” ² While there are exceptions to that liability, courts have made clear that the exceptions are to be construed narrowly. ^{3 4}

Think Intentional Torts, Not Constitutional Rights

The KTCA imposes liability “under circumstances where the governmental entity, if a private person, would be liable.” ⁵ Because the Kansas Constitution generally does not impose duties on private persons, courts have interpreted the KTCA not to create a constitutional cause of action. ⁶

The KTCA does, however, impose liability for intentional torts. ⁷ Indeed, for intentionally tortious conduct “involving more than the lack of ordinary care and diligence,” the KTCA’s exceptions to liability do not apply. In other words, an officer cannot raise a discretionary-function defense. ^{8 9}

Kansas does not generally recognize implied causes of action for violations of its state constitution. ¹⁰ Because of this, suits against government officials in state court are best brought under traditional theories of tort liability via the KTCA.