Saunders v. The City of New York

Background

The City of New York asked the court to bifurcate, meaning separate, Saunders’s claims under Monell v. Department of Social Services from the other claims. The City alternatively asked the court to stay, meaning pause, discovery on the Monell claim until discovery on the other claims was completed. The City said this was its first request to bifurcate discovery, and the opinion states that Saunders did not consent.

According to the City’s letter, Saunders alleges constitutional and state-law violations arising from her time in Department of Correction custody. She alleges that she requested protection from Department of Correction staff and was later assaulted by another inmate on November 10, 2022. The letter identifies claims including deliberate indifference under 42 U.S.C. § 1983, negligent hiring and supervision, state constitutional violations, state-law negligence, and a Monell claim concerning staffing, training, and the availability of medical care.

The City’s reasons for the request

The City argued that the parties had exchanged most paper discovery about the underlying incident and expected to take depositions. It contended that Monell discovery was extensive and would be more efficient after the individual claims were resolved. The City also argued that Saunders could not establish municipal liability without first showing an underlying constitutional violation, and that separating or pausing Monell discovery could assist settlement discussions.

What the court ordered

The order did not decide whether discovery should be bifurcated or stayed. Instead, the court ordered Saunders to respond to the City’s request by May 19, 2025. Judge Jessica G. L. Clarke also ordered all parties to appear for a conference on May 20, 2025, at 3:00 p.m. in Courtroom 11B of the Daniel Patrick Moynihan United States Courthouse and directed them to be prepared to discuss the request identified in docket entries 28 and 29.