UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

-------------------------------------------------------------x 

MARCUS RASEAN THOMPSON, 

 Plaintiff, 

-against- 

 

CAPTAIN ARTRAILYES CARTER et al. 

 

 Defendants. 

-------------------------------------------------------------x 

Index No. 07CV3243 (WHP) 

ANSWER TO AMENDED 

COMPLAINT 

Jury Trial Demanded 

 

Defendant Deishay Smallwood, by his attorneys, Koehler and Isaacs LLP, 

respectfully alleges the following:

 1. Denies knowledge and information sufficient to form a belief as to the 

truth of the allegations set forth in paragraph I of the complaint, except admits that 

Correction Officer Smallwood, shield No. 14628, is employed by the City as a correction 

officer for the DOC and that plaintiff purports to name the parties to this action as stated 

therein. 

 2. Denies the allegations set forth in paragraph II of the complaint, except 

admits that plaintiff was in the custody of the New York City Department of Corrections 

(DOC) and incarcerated at Otis Bantum Correctional Center (OBCC) in the Central 

Punitive Segregation Unit. 

3. Denies the allegations set forth in paragraph III of the complaint. 

 4. Denies knowledge and information sufficient to form a belief as to the 

truth of the allegations set forth in paragraph IV of the complaint. 

Case 1:07-cv-03243-WHP-HBP Document 34 Filed 07/03/2008 Page 1 of 5
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 5. Denies the allegations set forth in paragraph V of the complaint, except 

admits that plaintiff purports to base venue as stated therein. 

 6. Denies knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in paragraph VI of the complaint. 

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

 7. The complaint fails to state a claim upon which relief can be granted. 

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

 8. Defendant has not violated any rights, privileges, or immunities under the 

Constitution or laws of the United States or the State of New York or any political 

subdivision thereof, or any act of Congress providing for the protection of civil rights. 

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

 9. Any injury alleged to have been sustained resulted from plaintiff’s own 

culpable or negligent conduct or culpable or negligent conduct of non-parties or third 

parties, and was not the proximate result of any act of the defendant. 

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

 10. Plaintiff’s claims may be barred in whole or in part by the terms of the 

Prisoner Litigation Reform Act. 

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

 11. To the extent that plaintiff asserts state law claims, he has failed to comply 

with New York General Municipal Law §50-e. 

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

 12. At all relevant times, defendant was justified in his actions involving 

plaintiff. 

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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

13. Defendant has not violated any clearly established constitutional or 

statutory right of which a reasonable person should have known and, therefore, is 

protected by qualified immunity. 

 

WHEREFORE, defendant requests judgment dismissing the complaint in 

its entirety, together with the costs and disbursements of this action, and such other and 

further relief as the Court may deem just. 

Dated: New York, New York 

 July 3, 2008 

 

KOEHLER AND ISAACS, LLP 

 Attorneys for Defendant 

 61 Broadway, 25th Floor 

 New York, New York 10006 

 (917) 551 1300 

 

 By: ______________/s/_______________ 

 BRAN C NOONAN, ESQ. (BN2463) 

Case 1:07-cv-03243-WHP-HBP Document 34 Filed 07/03/2008 Page 3 of 5
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To: 

By Mail 

Marchus Rasean Thompson 

07-A-2267 

Fishskill 

Box 1245 

Beacon NY 12508 

Plaintiff Pro Se 

By ECF 

New York City Law Department 

Office of the Corporation Counsel 

Attorneys for Defendant 

100 Church Street 

New York, NY 10007 

212-788-0976 

Attn: Amy N. Okereke

Case 1:07-cv-03243-WHP-HBP Document 34 Filed 07/03/2008 Page 4 of 5
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

------------------------------------------------------------x 

MARCUS RASEAN THOMPSON, 

 Plaintiff, 

-against- 

 

CAPTAIN ARTRAILYES CARTER et al., 

 Defendants. 

------------------------------------------------------------x 

ANSWER OF DEISHAY SMALLWOOD 

 

KOEHLER & ISAACS LLP 

Attorneys at Law 

61 Broadway-25th Floor 

New York, N.Y. 10006 

(917) 551-1300 

 

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