Thompson v. Quilty

Background

Kwaine Thompson brought this self-represented civil-rights action under 42 U.S.C. § 1983. The April 12, 2023 order allowed him to file a second amended complaint asserting claims arising at the George R. Vierno Center on Rikers Island from October 8, 2021, through December 2, 2022. Those allegations included alleged sexual assaults by correctional staff and alleged retaliation after Thompson stopped participating in sexual conduct. The April order instructed him not to repeat claims being litigated in his other pending cases and warned that failure to comply could result in dismissal.

After that order was issued, the court learned that Thompson had been transferred from Elmira Correctional Facility to Mid-State Correctional Facility. The court therefore stated that it was unclear whether he had received the April order.

July 11 Order

The court granted Thompson an additional 30 days from the date of the July 11 order to file a second amended complaint. The court directed the Clerk of Court to attach the April 12 order, a second amended complaint form, and a retainer and intake form from the New York Legal Assistance Group.

The court also provided an alternative: if Thompson wanted to withdraw this action because he had previously asserted the same claims in another pending case, he could notify the court in writing within 30 days that he sought voluntary dismissal under Rule 41 of the Federal Rules of Civil Procedure. The order states that such a voluntary dismissal would be without prejudice to Thompson’s continuing to pursue those claims in his other actions.

Earlier rulings described in the opinion

The April 12 order dismissed all claims against Assistant District Attorneys Jaile Caitlyn and Breen because the claims sought money from defendants protected by prosecutorial immunity. It severed the claims arising from Thompson’s March 1, 2019 arrest and ongoing prosecution—including claims involving Detective James Quilty, two unnamed detectives, Gina Ransdell, and the City of New York—and directed the Clerk to open those claims as a separate action. It also granted leave to amend the claims arising at the George R. Vierno Center and denied Thompson’s request for preliminary injunctive relief. The July 11 order itself focused on giving Thompson more time to comply with the earlier amendment instructions.

Disposition

The court granted additional time to file a second amended complaint and offered voluntary dismissal as an alternative. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The court did not decide the merits of Thompson’s remaining detention-related allegations.