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New York Civil Rights Law Section 26 - Action Against Officer Making Arrest Of Exempt Person.

Legal Research Home > New York Lawyer > Civil Rights > New York Civil Rights Law Section 26 - Action Against Officer Making Arrest Of Exempt Person.

    § 26. Action against officer making arrest of exempt person. An action
  may  be maintained, by the person arrested, against the officer or other
  person making an arrest contrary to the provisions of the last  section,
  in  which the plaintiff is entitled to recover treble damages. A similar
  action may also be maintained, in a like case, by  the  party  in  whose
  behalf the witness was subpoenaed, or the order procured, to recover the
  damages  sustained  by him, in consequence of the arrest. But a sheriff,
  or other officer, or  person,  is  not  so  liable,  unless  the  person
  claiming  an exemption from arrest, makes, if required by the sheriff or
  officer, an affidavit, to the effect that he was legally  subpoenaed  or
  ordered  to  attend, and that he was not so subpoenaed or ordered by his
  own procurement, with the intent of avoiding arrest. In his affidavit he
  must specify the court or officer, the  place  of  attendance,  and  the
  cause  in  which  he  was so subpoenaed or ordered. The affidavit may be
  taken before the officer arresting him, and exonerates the officer  from
  liability for not making the arrest.

Last modified: July 31, 2006