Legal Opinion

Winant v. State

New York Court of Claims

Decided March 28, 1962No. Claim No. 38892PublishedCited by 2 opinions

1Opinion of the CourtPaul C. Reuss, J.

The claim herein was duly filed and served on February 24,1961 and has not been assigned. The claimant seeks damages for an assault on him committed by a member of the New York State Police acting within the scope of his duties. The assault occurred at the home of a Justice of the Peace in the Town of Hastings, Oswego County, New York, at about 1:00 a.m. on November 28, 1960. The claimant, together with a young lady companion, had been arrested by a State trooper for minor violations of the Vehicle and Traffic Law, and was arraigned before the Justice of the Peace.

While being so arraigned the…

2Cases cited5 opinions

  1. Boyd v. BoydNew York Court of Appeals · 1930
  2. Kiff v. . YoumansNew York Court of Appeals · 1881
  3. In re the Claim of Levy v. World-TelegramAppellate Division of the Supreme Court of the State of New York · 1938
  4. Brown v. StateNew York Court of Claims · 1960
  5. McCombs v. HegartyCity of New York Municipal Court · 1954

3Cited by2 opinions

  1. Brody v. P. J. LeamyNew York Supreme Court · 1977
  2. McMillan v. WilliamsNew York Supreme Court · 1982

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