Paolucci v. County of Dutchess

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…