N.Y. Civil Rights Law § 28*2: Civil arrest; certain locations

* § 28. Civil arrest; certain locations. 1. A person duly and in good

faith attending a court proceeding in which such person is a party or

potential witness, or a family or household member is a party or

potential witness, is privileged from civil arrest while going to,

remaining at, and returning from, the place of such court proceeding,

unless such civil arrest is supported by a judicial warrant or judicial

order authorizing such civil arrest.

2. It is a contempt of the court and false imprisonment for any person

to willfully violate subdivision one of this section, or an order of the

court issued pursuant to section four-a of the judiciary law, by

executing an arrest prohibited by subdivision one of this section or

section four-a of the judiciary law, or willfully assisting an arrest

prohibited by subdivision one of this section or section four-a of the

judiciary law; provided, however, that nothing in this subdivision shall

affect any right or defense of any person, police officer, peace officer

or public officer pursuant to article thirty-five of the penal law, or

any unified court system personnel acting lawfully pursuant to their

duty to maintain safety and order in the courts.

3. Regardless of whether a proceeding for contempt of the court

pursuant to subdivision two of this section has been initiated:

(a) a person described in subdivision one of this section may bring a

civil action for appropriate equitable and declaratory relief if such

person has reasonable cause to believe a violation of subdivision one of

this section, as described in subdivision two of this section, or a

violation of section four-a of the judiciary law, has occurred or may

occur; and

(b) the attorney general may bring a civil action in the name of the

people of the state of New York to obtain appropriate equitable and

declaratory relief if the attorney general has reasonable cause to

believe that a violation of subdivision one of this section, as

described in subdivision two of this section, or a violation of section

four-a of the judiciary law, has occurred or may occur.

4. In any successful action pursuant to subdivision three of this

section, a plaintiff or petitioner may recover costs and reasonable

attorney's fees.

5. Nothing in this section shall be construed to narrow, or in any way

lessen, any common law or other right or privilege of a person

privileged from arrest pursuant to this article or otherwise.

6. As used in this section:

(a) "civil arrest" shall mean an arrest that is not:

(i) for the sole or primary purpose of preparing the person subject to

such arrest for criminal prosecution, for an alleged violation of the

criminal law of:

(A) this state, or another state, for which a sentence of a term of

imprisonment is authorized by law; or

(B) the United States, for which a sentence of a term of imprisonment

is authorized by law, and for which federal law requires an initial

appearance before a federal judge, federal magistrate or other judicial

officer, pursuant to the federal rules of criminal procedure that govern

initial appearances; or

(ii) for contempt of the court in which the court proceeding is taking

place or will be taking place;

(b) "court proceeding" shall mean any appearance in a court of this

state before a judge or justice or judicial magistrate of this state

ordered or scheduled by such judge or justice or judicial magistrate, or

the filing of papers designed to initiate such an appearance before a

judge or justice or judicial magistrate of this state;

(c) "family or household member" shall have the same meaning as in

subdivision two of section four hundred fifty-nine-a of the social

services law; and

(d) "judicial warrant or judicial order authorizing such civil arrest"

means an arrest warrant or other judicial order, issued by a magistrate

sitting in the judicial branch of a local or state government or of the

federal government, authorizing a civil arrest and issued by the court

in which proceedings following such arrest will be heard and determined.

7. No action or proceeding may be commenced pursuant to this section

against the unified court system or any unified court system personnel

acting lawfully pursuant to their duty to maintain safety and order in

the courts.

* NB There are 2 § 28's