Small v. New York City Department of Correction et al
ORDER: After a six-day trial, a jury found in favor of Defendants Emmanuel Bailey, Ian Feinstein, Tyrone Simon, and Marco Villacis and against Defendant the City of New York. The Clerk of Court is respectfully directed to upload to ECF the Court Ex hibits from trial, each of which is attached to this Order: as further set forth herein. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/3/2021) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (kv)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
No. 09-CV-1912 (RA)
CITY OF NEW YORK, WARDEN
EMMANUEL BAILEY, OFFICER
TYRONE SIMON, OFFICER IAN
FEINSTEIN, and OFFICER MARCO
RONNIE ABRAMS, United States District Judge:
DESCRIPTION OF THE CASE
This is a civil lawsuit brought by Plaintiff Samuel Small against the City of New York, and
a warden and three correction officers from a city correctional facility on Rikers Island. Mr. Small
alleges that he was attacked by members of the Bloods gang on three occasions between October
2006 and March 2009 while he was an inmate at Rikers. Because he was in the custody of the New
York City Department of Correction at the time, Mr. Small claims that his constitutional rights
were violated when the Defendants failed to protect him from these attacks. In particular, he asserts
that the City of New York failed to adopt and implement policies, as well as train its officers, to
protect him from known gang violence. He further asserts that Warden Emmanuel Bailey failed to
act on information about a specific risk of violence to him by the Bloods. Finally, he asserts that
Correction Officers Tyrone Simon, Ian Feinstein and Marco Villacis failed to intervene and
protect him when he was being attacked. Mr. Small is now seeking monetary damages for the
physical and psychological injuries he claims to have suffered as a result.
The City and the individual Defendants deny all the allegations. They contend that there
was no notice or warning that Mr. Small was at risk of being attacked, that not all of the attacks
arose from gang activity, and that no policy or practice of the Department of Correction caused
any of his claimed injuries.
QUESTIONS FOR JURORS
Please indicate if your answer to any of the following questions is “yes” by circling the
number of that question and informing the Court when asked. If your answer to a question is “no,”
you need not do anything. Do not write your name or make any other marks on the questionnaire.
For each “yes” answer, I will follow up with you, asking—among other things—whether your
answer may affect your ability to serve as a fair and impartial juror in this case. If, when asked
about a “yes” answer, you prefer not to explain your answer in open court, please say so and we
will talk in a more private setting.
1. Based on my summary, do you have any personal knowledge of the facts or
allegations in this case?
2. Have you heard, read, or seen anything through the media, internet, or any other
source about this case?
3. Do you have any opinions regarding the nature of the allegations that may prevent
you from being a fair and impartial juror?
4. This trial is expected to last approximately two weeks. The jury will typically sit
from 10:00 am to 5:00 pm., beginning today through the conclusion of the trial.
Do you have any physical problem, disability, medical issue, or other personal or
emotional hardship that may distract you or otherwise interfere with your ability
to serve on the jury in this case?
5. Do you have any difficulty reading or understanding English?
6. Do you have any difficulty with your vision or hearing that could affect your
ability to serve as a juror?
7. Are you taking any medication that may prevent you from giving your full
attention to the trial?
8. Is there any other reason why you may not be able to give your full attention to
the trial, or serve responsibly as a juror?
Knowledge of the Parties, Counsel, and Court Staff
9. Do you know me, Judge Ronnie Abrams; my courtroom deputy, Allison Cavale;
or my law clerk, Cate McCaffrey?
10. The Plaintiff in this case is Samuel Small. Do you, or to your knowledge, any of
your relatives or close friends, know Mr. Small or anyone close to him?
11. The Individual Defendants in this action are Emmanuel Bailey, Ian Feinstein,
Tyrone Simon, and Marco Villacis. Do you, or to your knowledge, any of your
relatives or close friends, know these individuals or anyone close to them?
12. Plaintiff in this case is being represented by the following individuals: Brett
Dignam, Claire Abbadi, Natalie Behr, Joanne Choi, Kodjo Kumi, and Madison
Levin. Do you, or to your knowledge, any of your relatives or close friends,
know any of these individuals?
13. Defendants in this case are being represented by Katherine Weall, Philip DePaul,
and Joshua Lax. Do you, or to your knowledge, any of your relatives or close
friends, know these individuals?
14. Do you, or to your knowledge, any of your relatives or close friends, know any of
the following individuals or organizations who may be witnesses in this matter or
referenced during the trial?
Dr. Luke Aneke
Dr. Haralambos Atoynatan
Correction Officer Banks
Correction Officer H. Brunson
Correction Officer Donald Caggiano
Dr. Adriel Gerard
Correction Officer Neil DeAngelis
Correction Officer Douglas
Correction Officer Ian Feinstein
Captain Khalilah Perrino-Flemister
Correction Officer Freire
Correction Officer Elaine Gainey
Warden Michael Hourihane
Assistant Deputy Warden Danielle Johnson
Correction Officer Joseph Jones
Dr. David Jurich
Correction Officer Kammerer
Dr. Paturu Karunakara
Captain Marguerite Kelly
Correction Officer Jose Marrero
Captain Dennis O’Reilly
Assistant Deputy Warden Luigi Ottaviano
Warden Nicholas Pantea
Captain Edward Reilly
Warden Brian Riordan
Warden Robert Shaw
Correction Officer Tyrone Simon
Dr. Angela Taglione
Correction Investigator Temple
Correction Officer Marco Villacis
Correction Officer Williams
Dr. Dean Zhong
Mary Lynne Werlwas
Assistant Deputy Warden Darrel Wilkerson
Stoll & Glickman LLP
Emery Celli Brinckerhoff & Abady LLP
Romano & Kuan PLLC
Peltz & Walker
15. As you look around the room, do you recognize anyone else you know?
Education and Relevant Experience
16. Have you, or to your knowledge, any of your relatives or close friends, worked in
or with law enforcement, state or federal prisons, or the military? If so, in what
17. Have you, or to your knowledge, any of your relatives or close friends, ever been
employed by a local, state or federal agency? If so, in what capacity?
18. Have you ever had a job where you helped create policies, procedures, or
regulations? If so, please explain.
19. In any of the job positions you have held, have you been responsible for making
decisions in hiring or training other workers? If so, please explain.
20. Have you, or to your knowledge, any of your relatives or close friends, ever
practiced law, been a member of any bar, or attended any law school classes? If
so, please explain.
Experience with and Opinions About the Courts and the Law
21. Have you ever served on a jury? If so, please explain if it was in state or federal
court, was a civil or criminal case, and if you reached a verdict (without
disclosing what the verdict was).
22. Have you ever served on a Grand Jury?
23. Have you, or to your knowledge, any of your relatives or close friends, ever been
involved in a lawsuit of any kind? If so, please describe what the lawsuit was
about and whether the result was satisfactory or unsatisfactory.
24. Have you ever been a witness for a party to a lawsuit? If so, please describe the
case and the nature of your testimony.
25. Have you, or to your knowledge, any of your relatives or close friends, ever been
the victim of a crime? If so, please describe the circumstances, including whether
the crime was violent in nature.
26. Have you, or to your knowledge, any of your relatives or close friends, ever been
arrested? If so, please describe the circumstances.
27. Have you, or to your knowledge, any of your relatives or close friends, ever made
a complaint about a correction officer or other law enforcement officer?
28. In the last year, have you posted comments or content on any social media sites or
blogs relating to corrections or law enforcement issues?
29. In the last year, have you attended any protests or demonstrations related to law
enforcement activity, whether for or against?
30. Do you have any opinions, positive or negative, about law enforcement,
correction officers, lawyers, judges, or the courts, that may prevent you from
being a fair and impartial juror in this case?
Case Specific Questions
31. Have you, or to your knowledge, any of your relatives or close friends, ever been
detained at any correctional facility, including on Rikers Island? If so, which
facility and what were the circumstances?
32. Do you have any opinions, positive or negative, about correctional facilities
generally or Rikers Island specifically, that may prevent you from being a fair and
impartial juror in this case? If so, please explain.
33. You may have heard or read about incidents in the New York City jails that have
been in the news. To the extent you had any reaction to these news stories, might
your feelings about them prevent you from rendering a verdict based solely on the
evidence in this case?
34. The witnesses in this case will include correction officers. Would you be more or
less likely to believe or credit the testimony of a witness simply because that
witness is a law enforcement officer?
35. Would you be more or less likely to believe or credit the testimony of a witness
simply because that person was incarcerated or accused and/or convicted of a
36. Have you, or to your knowledge, any of your relatives or close friends, ever
suffered any severe or long-lasting psychological condition, including posttraumatic stress disorder (PTSD)?
37. Have you, or to your knowledge, any of your relatives or close friends, ever been
hospitalized for a mental health condition?
38. Have you, or to your knowledge, any of your relatives or close friends, ever had
any affiliation or issues with known gang members? If so, please explain the
39. Do you believe that it is inappropriate for individuals to sue the government if
they believe that their rights have been violated? Would your answer to that
question change if that individual were a prisoner?
40. Do you think it is inappropriate for individuals to be awarded money damages as
compensation for physical injuries, emotional injuries, and/or loss of liberty?
41. Do you believe that simply because someone brings a lawsuit, that it must mean
the person deserves to recover?
42. Do you have any problem with the concept that a person who brings a lawsuit is
entitled to damages only if that person proves his case?
43. If you found that Plaintiff has proven his case, might you have any qualms about
awarding damages against Defendants?
Function of the Court and the Jury
44. The function of the jury is to decide questions of fact. However, when it comes to
the law, you must listen to my instructions and accept and apply the law as I
explain it. You may not substitute your own notions of what the law is or what
you think it should be. Might you have any difficulty following, or do you have
any strongly held opinions that may prevent you from following, this instruction?
45. Do you have any bias, sympathy, religious issue, or any other concern that may
prevent you from rendering a fair and impartial verdict in this case? If you did
feel some sympathy for one of the parties, might you have trouble putting aside
those emotions and deciding the case solely on the facts, and on the law as I
explain it to you?
46. Do you know of any other reason that may prevent you from fairly considering
the evidence in this case and reaching an impartial result? If so, please explain.
47. Aside from the questions that have already been asked, is there anything else you
believe that this Court, Plaintiff, or Defendants might want to know in deciding
whether you should be selected to serve as a juror in this case?
Questions for Individual Jurors
Where were you born?
Without mentioning your exact address, what county and neighborhood do you live
in? How long have you lived there?
Do you rent or own your home?
How far did you go in school and what did you study?
If you are employed, who is your employer? What is your occupation? How long
have you been employed by that employer? If retired or unemployed, for whom did
you last work and when did you work for them?
If you have a significant other, what is their occupation? How long have they been
employed by their most recent employer?
If you have working children, what are their occupations? How long have they
been employed by their most recent employer?
How do you get your news?
What, if anything, do you enjoy reading?
What television shows, if any, do you typically watch?
Do you listen to talk radio or Podcasts? If so, what stations or programs?
Do you regularly visit any websites or utilize social media? If so, which?
Are you a member of any organizations, clubs, associations, or unions, or do you
volunteer your time?
What do you like to do in your spare time?
Name a public person—other than a friend or relative—dead or alive, who you
Aside from the questions that have already been asked, is there anything else you
believe that this Court or any of the parties might want to know in deciding whether
you should be selected to serve as a juror in this case?
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