§ 26 — Action against officer making arrest of exempt person

New York § 26

• Jurisdiction: New York
• Law CVR: Civil Rights
• Art. 3: Privilege From Arrest

Text

§ 26. Action against officer making arrest of exempt person. An action\nmay be maintained, by the person arrested, against the officer or other\nperson making an arrest contrary to the provisions of the last section,\nin which the plaintiff is entitled to recover treble damages. A similar\naction may also be maintained, in a like case, by the party in whose\nbehalf the witness was subpoenaed, or the order procured, to recover the\ndamages sustained by him, in consequence of the arrest. But a sheriff,\nor other officer, or person, is not so liable, unless the person\nclaiming an exemption from arrest, makes, if required by the sheriff or\nofficer, an affidavit, to the effect that he was legally subpoenaed or\nordered to attend, and that he was not so subpoenaed or ordered by his\nown procurement, with the intent of avoiding arrest. In his affidavit he\nmust specify the court or officer, the place of attendance, and the\ncause in which he was so subpoenaed or ordered. The affidavit may be\ntaken before the officer arresting him, and exonerates the officer from\nliability for not making the arrest.\n