K.A. v. City Of New York

Background

A group of female detainees sued Sidney Wilson, Corizon Health, Inc., and the City of New York. They alleged that Wilson, a physician assistant working for Corizon Health, sexually assaulted them while they were detained at Rikers Island. The plaintiffs sought compensatory damages under 42 U.S.C. § 1983 and damages under several New York laws.

The case was stayed from September 2016 until September 2021 because of an ongoing New York state criminal investigation involving Wilson. The criminal charges were later dismissed on speedy-trial grounds. After the stay was lifted, the City and Corizon moved to dismiss the amended complaint. The plaintiffs then sought permission to file a second amended complaint and separately moved to unseal Wilson’s criminal-prosecution file.

Motion to Unseal

The Bronx County District Attorney’s Office held the records and told the plaintiffs that it could not produce them because they were sealed under New York Criminal Procedure Law § 160.50. The plaintiffs acknowledged that they did not fall within the statute’s listed categories of people who may receive sealed records, but argued that this Court had authority to order disclosure for use in the federal case. Wilson took no position on whether his records should be unsealed.

The Court recognized that federal district courts may have authority to order the production of state-sealed criminal records when the records are relevant to a federal lawsuit and the request arises in the context of discovery. But the Court found that the plaintiffs’ request was premature because discovery had not begun. It also found that cases treating certain requests as outside discovery involved different circumstances, including requests requiring a plaintiff to sign a release so a defendant could access its own files. Here, the plaintiffs sought records held by a third-party district attorney’s office. The Court therefore denied the motion to unseal.

Motion to Amend

The plaintiffs’ proposed second amended complaint would add a cause of action under New York City Administrative Code § 10-1105 and add factual details concerning, among other things, Wilson’s criminal prosecution, Corizon’s screening and supervision of Wilson, reports by other Corizon staff, alleged sexual misconduct at Rikers Island, the City’s chaperone policy, and the medical examination area.

Under Federal Rule of Civil Procedure 15(a)(2), a court should generally allow another amendment when justice requires it. The defendants argued that the plaintiffs had delayed improperly, acted in bad faith, and would cause prejudice by requiring additional briefing and conferences. The plaintiffs responded that the case had been stayed for approximately five years because of Wilson’s criminal proceedings and that the defendants had originally requested the stay.

The Court concluded that the defendants had not shown a sufficient reason to deny amendment. It found that the stay provided a legitimate explanation for the delay, that the plaintiffs were not responsible for the stay, and that any additional delay would be marginal. The Court also found that the need for further briefing was not enough to establish prejudice. The Court therefore granted the motion to amend.

Disposition

The Court denied the plaintiffs’ motion to unseal and granted the plaintiffs’ motion to amend. It directed the plaintiffs to file the second amended complaint within seven days of the order and directed the defendants to respond under the applicable federal and local rules. The case remained referred to Magistrate Judge Willis for general pretrial management.