N.Y. Civil Rights Law § 26: Action against officer making arrest of exempt person

§ 26. Action against officer making arrest of exempt person. An action

may be maintained, by the person arrested, against the officer or other

person making an arrest contrary to the provisions of the last section,

in which the plaintiff is entitled to recover treble damages. A similar

action may also be maintained, in a like case, by the party in whose

behalf the witness was subpoenaed, or the order procured, to recover the

damages sustained by him, in consequence of the arrest. But a sheriff,

or other officer, or person, is not so liable, unless the person

claiming an exemption from arrest, makes, if required by the sheriff or

officer, an affidavit, to the effect that he was legally subpoenaed or

ordered to attend, and that he was not so subpoenaed or ordered by his

own procurement, with the intent of avoiding arrest. In his affidavit he

must specify the court or officer, the place of attendance, and the

cause in which he was so subpoenaed or ordered. The affidavit may be

taken before the officer arresting him, and exonerates the officer from

liability for not making the arrest.