Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

GREEN v. MONTGOMERY

March 25, 1999

VERNON GREEN, PLAINTIFF,
v.
P.O. PHILLIP MONTGOMERY, P.O. EDWARD FITZGERALD, P.O. JOSEPH TROY, P.O. JOSEPH O'REILLY, SGT. EDWARD HOLMES, SUPERVISOR DANIEL GUIDO, COMMISSIONER OF SUFFOLK COUNTY POLICE DEPARTMENT, SUFFOLK COUNTY POLICE DEPARTMENT AND COUNTY OF SUFFOLK, DEFENDANTS.



The opinion of the court was delivered by: Block, District Judge.

MEMORANDUM AND ORDER

Vernon Green ("Green") brings this civil rights action pursuant to 42 U.S.C. § 1983 alleging the use of excessive force, false arrest, false imprisonment and malicious prosecution in violation of his Fourth Amendment rights. The complaint also contains state law claims for false arrest, false imprisonment, malicious prosecution, negligence, and assault and battery. By stipulation dated September 8, 1993, the state law claims for negligence, false arrest, false imprisonment, and malicious prosecution were withdrawn. The County of Suffolk, the Suffolk County Police Department, and Suffolk County Police Officers Phillip Montgomery ("Montgomery"), Edward Fitzgerald ("Fitzgerald"), Joseph Troy ("Troy"), Joseph O'Reilly ("O'Reilly"), and Edward Holmes (collectively "defendants") move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure for dismissal of the entire complaint.

Since the Court determines, inter alia, that Green is collaterally estopped from bringing this action by reason of a prior state court adjudication, in what is deemed for the purposes of this motion to be a juvenile delinquency proceeding, defendants' motion is granted and the complaint is dismissed.

BACKGROUND

This action arises out of events that occurred in connection with Green's arrest in 1988.

On the evening of November 1, 1988, Police Officers Montgomery, Fitzgerald, Troy, and O'Reilly (collectively "the officers"), responded to an anonymous telephone tip that stolen vehicles, including a black Jeep Wrangler, were being kept in the parking lot of an apartment complex on Bay Shore Road in North Babylon, New York. The caller told the police that the vehicles would be moved that night.

That evening, Green, who had just turned fifteen, along with his brother and some friends, drove into the parking lot of the Bay Shore Road apartment complex, pulling up adjacent to a black Jeep Wrangler. Along with a companion, he got out of his car and into the Wrangler. About this time, the officers drove into the parking lot, blocking the exit with their vehicles. The officers got out of their cars and pursued Green and the others in the parking lot.

At this point the officers' version of the facts differs greatly from those asserted by Green. Green claims that, without provocation, Troy and Montgomery began firing at him as the Jeep was rolling to a halt. The officers claim that when they tried to make an investigatory stop of Green, he drove the Jeep directly at Montgomery, and Troy and Montgomery then shot him in the head.

Green was apprehended, and later indicted by a Grand Jury for attempted murder in the second degree, attempted assault in the first degree, reckless endangerment in the first degree, grand larceny in the third degree, and criminal possession of stolen property in the third degree.

Following a bench trial in the Supreme Court of the State of New York, Suffolk County, the court found in favor of Green on the charges of attempted murder, assault, and grand larceny, and against Green on the reckless endangerment and criminal possession of stolen property charges. The parties disagree, however, as to whether Green was convicted for these crimes, or adjudicated a juvenile delinquent. In this regard, the "Sentence and Commitment" states that Green was "convicted of/adjudicated a Juvenile Delinquent," Plaintiff's Statement Pursuant to Local Rule 56.1, Ex. F. However, the judge who presided over the trial refers to Green as having been "convicted, following a bench trial," in an order denying the release of Grand Jury testimony regarding the indictment. Defendants' Reply Affirmation, Ex. B.

DISCUSSION

"A motion for summary judgment may not he granted unless the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no issue warrant judgment for the moving party as a matter of law." Quinn v. Green Tree Credit Corp., 159 F.3d 759, 765 (2d Cir. 1998) (quoting Cronin v. Aetna Life Ins. Co., 46 F.3d 196, 202 (2d Cir. 1995)). The Court will assume for the purposes of this motion that Green was adjudicated a juvenile delinquent. See Thomas v. Roach, 165 F.3d 137, 142 (2d Cir. 1999) ("the district court must view the evidence in the light most favorable to the non-moving party").

A. Excessive Force Claim

The defendants argue that Green's previous adjudication of juvenile delinquency on the charge of reckless endangerment mandates a finding that the officers' shooting of Green was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.