Legal Opinion
Tarter v. State of New York
New York Court of Appeals
Decided December 18, 1986No. Claim 70105; Claim 70888PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The question to be resolved on this appeal is whether the State and the New York State Board of Parole may be held liable for negligently releasing dangerous prisoners on parole, where the parolees inflict serious injuries upon members of the public. We hold that since parole release decisions are quasi-judicial in character, the State and its employees are absolutely immune from tort actions arising from such decisions.
I
Claimant Myrna Tarter was shot in the vestibule of her apartment building by one Michael Montgomery. He had been convicted four years earlier of…
2Cases cited14 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Stump v. SparkmanSupreme Court of the United States · 1978
- Butz v. EconomouSupreme Court of the United States · 1978
- Cleavinger v. SaxnerSupreme Court of the United States · 1985
- De Long v. County of ErieNew York Court of Appeals · 1983
9 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Lore v. City of SyracuseCourt of Appeals for the Second Circuit · 2012
- MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
- Taggart v. StateWashington Supreme Court · 1992
- Eiseman v. StateNew York Court of Appeals · 1987
- Brown v. State of New YorkNew York Court of Appeals · 1996
74 more not listed; retrieve them via the Exa API.