From Casetext: Smarter Legal Research

Paolucci v. County of Dutchess

Supreme Court, Trial and Special Term, Dutchess County
Jul 7, 1971
67 Misc. 2d 479 (N.Y. Sup. Ct. 1971)

Summary

In Paolucci v. County of Dutchess, 67 Misc.2d 479, 324 N.Y.S.2d 452 (Sup.Ct. Dutchess County 1971), the court dealt explicitly with an almost identical claim.

Summary of this case from Stevens v. County of Dutchess, N.Y.

Opinion

July 7, 1971

William V. Welch, County Attorney ( Joseph D. Quinn, Jr., of counsel), for defendants.

A.D. Robert Jones for plaintiff.


Defendants move on a number of grounds to dismiss the amended complaint.

The papers before the court establish that the plaintiff claims damages for alleged malicious prosecution stemming from his arrest by personnel of the Dutchess County Sheriff's office upon charges which were subsequently dismissed by the Court of Special Sessions.

Section 13 of article XIII of the New York Constitution says in part that "the county shall never be made responsible for the acts of the sheriff" and the highest court of this State has applied this language literally so as to defeat a damage claim against a county for acts of a Deputy Sheriff of that county. ( Commisso v. Meeker, 8 N.Y.2d 109.) It follows that this plaintiff may not succeed against the defendant County of Dutchess.

The papers before the court make clear that the acts complained of were not the personal acts of the defendant Sheriff, but were the acts of persons acting for him or under his control and direction. It has been said that personnel of the Sheriff's office while engaged upon the performance of police duties are not the agents of the Sheriff and that the relationship of principal and agent does not exist. ( Isereau v. Stone, 3 A.D.2d 243. ) It follows that this plaintiff's claim against the defendant Sheriff must also fail.

The motion will be granted.


Summaries of

Paolucci v. County of Dutchess

Supreme Court, Trial and Special Term, Dutchess County
Jul 7, 1971
67 Misc. 2d 479 (N.Y. Sup. Ct. 1971)

In Paolucci v. County of Dutchess, 67 Misc.2d 479, 324 N.Y.S.2d 452 (Sup.Ct. Dutchess County 1971), the court dealt explicitly with an almost identical claim.

Summary of this case from Stevens v. County of Dutchess, N.Y.
Case details for

Paolucci v. County of Dutchess

Case Details

Full title:ALBERT PAOLUCCI, Plaintiff, v. COUNTY OF DUTCHESS et al., Defendants

Court:Supreme Court, Trial and Special Term, Dutchess County

Date published: Jul 7, 1971

Citations

67 Misc. 2d 479 (N.Y. Sup. Ct. 1971)
324 N.Y.S.2d 452

Citing Cases

Stevens v. County of Dutchess, N.Y.

In court 4, plaintiff alleges that "agents" of the sheriff arrested plaintiff without a warrant and without…

Perry v. Custodi

We disagree. The constitutional immunity of article 13 (§ 13, subd [a]) of the New York Constitution was…