FRANKLIN v. STATE OF NEW YORK


276 A.D. 1038 (1950)

Arthur Franklin, Respondent, v. State of New York, Appellant. (Claim No. 28935.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 8, 1950.


The claim is one to recover damages for an assault committed upon plaintiff by State troopers. Claimant was arrested by the troopers on September 20, 1947, on a warrant charging assault in the third degree. He was arraigned before a justice of the peace on that charge and plead not guilty. In default of $500 bail he was committed to the county jail. The troopers instead of taking claimant to jail as directed by the justice took him to their barracks at Brewster, N. Y. The...

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