Glowinski v. Braun
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, with costs, and motions denied. Memorandum: In this action for false arrest, the court erred in dismissing the complaint against Sheriff Braun. Although a Sheriff is not liable for the torts of his deputies while performing criminal functions, he is liable for their torts while performing civil functions (Barr v County of Albany, 50 NY2d 247, 257; Isereau v Stone, 3 AD2d 243). In executing the warrant of arrest issued pursuant to section 153 of the Family Court Act, the Sheriff’s deputies were performing a civil function, since the Family Court proceeding in which…
2Cases cited11 opinions
- Tango v. TulevechNew York Court of Appeals · 1983
- Barr v. County of AlbanyNew York Court of Appeals · 1980
- Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
- Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963
- Santangelo v. StateAppellate Division of the Supreme Court of the State of New York · 1984
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Boland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Soderlund v. MerriganConnecticut Appellate Court · 2008
- Boland v. StateNew York Court of Claims · 1994
- Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Gayle v. StateNew York Court of Claims · 1987
9 more not listed; retrieve them via the Exa API.