Hussey v. Salgado

Background

Yessuh Suhyes Hussey, who was representing himself, brought this action in the Eastern District of New York. That court transferred it to the Southern District of New York. The complaint named Mario Salgado and New York City Police Officers Michael Gabriele and Thomas Ward as defendants and asserted claims arising from events at a Guitar Center store in Manhattan on August 3, 2021.

Hussey already had a pending action in the Southern District of New York against Salgado arising from the same August 3, 2021 events. The court stated that Hussey could not maintain two federal actions involving overlapping defendants and the same incident. Because this complaint named additional defendants and might contain new or additional information, the court directed that it be filed as an amended complaint in the earlier action and treated as a supplement to that action's original complaint.

Unrelated allegations

Attachments to the complaint also discussed claims against Louis A. Molina of the New York City Department of Correction arising in 2021 and 2022. The court found those allegations wholly unrelated to the Guitar Center claims. It dismissed the Molina-related claims without prejudice to Hussey pursuing them in a separate action.

Ruling and disposition

The court directed the Clerk to remove pages 9 through 13 from the attachments, file the complaint and the remaining attachment pages as an amended complaint in docket number 23-CV-2905, and terminate this action under docket number 23-CV-4342 without prejudice to Hussey pursuing the claims in docket number 23-CV-2905. The court ordered that further filings concerning the August 3, 2021 Guitar Center incident be made only in docket number 23-CV-2905 and directed the Clerk to enter judgment in this action.

The court also certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The order did not decide the underlying claims on their merits.