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Juvenile Adjudication May Not Preclude Force Claim in Police Shooting
The plaintiff was convicted of reckless endangerment for an incident in which he was accused of driving a vehicle at a police officer, who shot him. He conceded that that determination would ordinarily preclude a finding of excessive force on the part of the officer, but argued that the fact that the conviction was a juvenile adjudication, which was not supposed to be admissible against him in any other proceeding, prevented its preclusive use. The court certifies the question to the state Court of Appeals. (That court said that the conviction could be used preclusively because the plaintiff waived the statutory protection by suing over the same events and putting them into issue. Green v. Montgomery, 245 F.3d 142 (2nd Cir. 2001), citing Green v. Montgomery, 95 N.Y.2d 693 (2001). See: Green v. Montgomery, 219 F.3d 52 (2nd Cir. 2000).
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Related legal case
Green v. Montgomery
| Year | 2000 |
|---|---|
| Cite | 219 F.3d 52 (2nd Cir. 2000) |
| Level | Court of Appeals |
| Injunction Status | N/A |