Rutuelo v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

This is a claim for false arrest and malicious prosecution in connection with two uniform traffic tickets issued to claimant and for personal injuries.

The novel issue which this case addresses is whether a proceeding under a regulation that is subsequently declared unconstitutional can be the basis of an action for malicious prosecution.

On June 23, 1976, John Rutuelo drove his vehicle onto the Southern State Parkway. He was operating a pickup camper. Leopold Gasparik, Jr., a State Police officer, stopped him and issued a uniform traffic ticket for…