Case 1:13-cv-07391-PAE Document 137 Filed 09/16/14 Page 1 of 12 UNITED STATES DISTRIC'T COURT SOU'I'HE,RN DISTRICT OF N[,V/ YORK X SANDRA DE LA CRUZ, Administratrix of the Estate of ANDY FIENRIQUEZ, Plaintiff. - against - CITY OF NEW YORK. NYC DOCS C.O, MIGUEL ACOSTA, NYC DOCS C,O. NICIIOLAS AI,VARËZ, NYC DOCS C,O. WANDA ROSA, NYC DOCS C,O. MAGALIE PIREZ, ROMMEL MONTII,US, M.D., PA JOAN DOWNES, RPA .IREVOR GOLBOUIì.NE, WIN MOUK & CORIZON HEALTH, INC., MYOE MINN. M,D. & JOON PARK. M.D., AFFIRMATION IN SUPPORT OF CITY'S MOTION FOR PARTIAL SUMMARY JUDGMENT 1'I IE l3 cv 73el (PAE) (HBP) City fìle No. 2013-039447 Dcl'endants ------------x ANSHEL DAVID, an attorney admitted to practice in New York and before this Court and an Assistant Corporation Counsel of the Cit¡'of New York. affirms thc truth of thc lollowing under the penalties ol'perjury, upon information and belief based upon the records maintained in this office: L I submit this afTirmation in support of the City dcl'endants' motion fbr partial summary judgrnent dismissing the civil rights claims of dcliberate indifference as against defendants Montilus. Downes, Golboume, Mouk, Minn. and Park. This action arises out of the death by an aortic ancurysm o[ Andy Henric¡uez, a ninctcen-ycar-old detainee at Rikers fsland, while awaiting trial t-or tèlony murder. The foregoing det'endants are medical personnel employed by defbndant Corizon, a private entity under contract to provide medical services at lììkers Island, The n'idence in this case demonstrates that certain of thc delèndants prol'ided mcdical trcatment or medication in response to decedent's requests; that none of the defendants -3- Case 1:13-cv-07391-PAE Document 137 Filed 09/16/14 Page 2 of 12 f'ailed to addrcss any medical complaint or request made to them by decedent; that none had actual knowledge before decedent's death of the mcdical condition which was the cause of death, and that nonc were aware of any complaints by decedent which would have indicated a serious cardiac condition. 'l-hcre is no evidence that any denial ol' medical carc or wanton infliction deliberate indiffercnce, See, Iìstelle of the defendants engaged in the intentional of pain necessary to v, Ga4lble, 429 U.S, 98, support an allegation of 104-05 (1976); Caiozzo v. Koremaq, 581 F',3d 63,7212"d Cir, 2009). PROCEDURAL HISTORY 2. PlaintifT invokes f'cderal question jurisdiction under 42 U,S,C. $ that their claims purport 1o be based on 42 U,S.C, $ l33l in 1983 and the lìighth and Fourteenth Amendments to the United States Constitution. Following service of the original complaint. plaintiff served six amended complaints. adding additional defèndanls, but no new claims or factual allegalions,l Th. City answered fbr Corizon and it's employees who are defendants, denying any misconduct alleged by plaintitT.2 named By order dated luly 22,2014, the Court set a briefìng schedule lbr the instant motion.3 EVIDENCE PERTINENT TO THIS MOTION Deposition of Plaintiff Sandra De La Cruz, held May 6t2014, (Exhibit D) t 3. Sandra De la Cruz is the mother of the decedent Andy Henriquez (9), Ms, De la Cruz visited thc decedent with dcccdenl's girlliiend, Carmelita Rosa, on Saturday April ó. I For the sake of brevity only the Fifth Amended Complaint is anncxcd as Uxhibit A. : 'l'h. City clef'endants' Answer 3 * t