Green v. Montgomery

In Green v. Montgomery (95 N.Y.2d 693 [2001]) the Court of Appeals held that by bringing a civil suit alleging that the police had used excessive force in apprehending him, the plaintiff, found previously to have committed acts that, if committed by an adult, constituted, inter alia, reckless endangerment in the first degree, had placed at issue the very conduct for which he had been adjudicated a juvenile delinquent, namely whether he had driven his car at the police officers, justifying the officers' response of shooting at him. The Court also held that the District Court had properly permitted defendants to use plaintiff's juvenile delinquency adjudication in support of their motion for summary judgment for collateral estoppel purposes. The Court held that since the former defendant in a juvenile delinquency proceeding commenced an action related to charges from that proceeding, he "put at issue facts determined in his previous juvenile delinquency adjudication". (Id. at 696). The defendant in Green affirmatively placed his conduct at issue therefore the court determined it would not allow him to use the confidentiality provisions of the Family Court Act to gain an unfair advantage. (Id. at 701).