KRS 440.040: Liability of officer for permitting escape of prisoner in custody.

Any officer and his sureties shall be liable, in an action upon his official bond, for the use

of the parties aggrieved, in any damages resulting from his voluntarily or negligently

permitting the escape of a prisoner in custody. No judgment in such action shall be given

unless the jury, by its verdict, finds "that the escape was with the consent of the officer, or

by his negligence, or that the prisoner might have been retaken if the officer had, in good

faith, made proper efforts to do so."