Family sues Rikers: ‘When was the last time you heard of someone dying of appendicitis?’

The family of a 20-year-old man who died of untreated appendicitis shortly after his release from Rikers Island has filed a wrongful death lawsuit against the city, alleging jail staff ignored his symptoms for days.

Ariel Quidone was healthy when he was arrested on robbery charges on March 6, according to his family. Nine days later, he was dead from septic shock after his appendix ruptured, they said.

“When was the last time you heard of someone dying of appendicitis?” said Marc Battipaglia, an attorney for the family. “Appendicitis is simple to cure if it’s looked over properly.”

The lawsuit filed in Bronx Supreme Court on Wednesday names the city, the Department of Correction, NYC Health and Hospitals, and its Correctional Health Services division as defendants. It alleges negligence, medical malpractice and violations of Quidone’s civil rights under the Eighth Amendment’s ban on cruel and unusual punishment.

According to the complaint, Quidone was held at the Robert N. Davoren Center on Rikers Island, where he showed symptoms of appendicitis that went untreated for days.

“He had sweats, fevers, vomiting,” Battipaglia said. “We believe he was already dead in the custody of Rikers.”

A November 2025 report from the city’s Board of Correction describes Quidone’s final hours in custody. On the morning of March 13, surveillance video showed him exiting his cell with a blanket over his shoulder, appearing unwell. He walked past a correction officer, entered the dayroom and vomited into a trash bin. About an hour later, he re-emerged shirtless and vomited again before returning to his cell.

The correction officer “did not approach Mr. Quidone after appearing to notice he was unwell,” the report said. Logbooks did not reflect any attempts to transport him to the clinic.

Later that afternoon, a suicide prevention aide found Quidone unresponsive in his cell and called for help. Medical staff arrived and found he had no pulse, no spontaneous breathing and cold, clammy skin, the report said. Staff administered Narcan and performed CPR before EMS brought him to Elmhurst Hospital.

A judge released Quidone from custody on his own recognizance the following day, on March 14. He was pronounced dead at Elmhurst Hospital on March 15.

The Board of Correction noted the medical examiner had not yet confirmed a cause of death. The family’s attorneys say Quidone died from a ruptured appendix and septic shock.

The Department of Correction told the Board that no action had been taken against the staff assigned to Quidone’s housing unit at the time of his collapse.

The Department of Correction and NYC Health and Hospitals did not immediately respond to requests for comment on the lawsuit.

At least 15 people died in the Department of Correction’s custody last year, including Quidone, whose death occurred while he was receiving medical care after being released. A federal judge is expected to appoint a court-ordered “remediation manager” in the coming weeks to take over large parts of jail operations and work to reduce violence at Rikers Island.

Last week, Mayor Zohran Mamdani signed an emergency executive order directing jail officials to determine how they’ll comply with long-standing city laws they’ve been violating — including one that restricts the use of solitary confinement. The order does not immediately require changes.