Auguste v. Department of Corrections

Background

Jean Auguste, representing himself, brought this action under 42 U.S.C. § 1983. The defendants identified claims including false arrest and excessive force arising from Auguste’s arrest on or about November 20, 2023.

The City defendants—the City of New York, Aaliyah Kelly, John Caruso, and Seba Obsorne—asked the court to compel Auguste to respond to interrogatories, which are written questions, and requests for production, which seek documents or other materials. According to the defendants’ submission, they mailed the discovery requests on May 22, 2025, making the responses due June 23, 2025. The defendants said Auguste claimed he had not received the requests and stated that he would not respond even if he had. They later emailed him another copy, but reported receiving no responses.

The defendants also reported that Auguste refused to discuss the case during a later telephone call and left a voicemail containing insulting and abusive language. They asked the court to require discovery responses by a specified deadline and to direct Auguste to communicate professionally with defense counsel.

Ruling

Judge Gary Stein granted the request. The court ordered Auguste to produce responses to the defendants’ interrogatories and requests for production no later than September 26, 2025.

The court warned that failing to comply with the order could result in sanctions up to and including dismissal of the case. It separately warned that continuing to use offensive, insulting, or abusive language toward defense counsel could also lead to sanctions, including dismissal. The order itself did not dismiss the action and did not decide whether Auguste’s false-arrest or excessive-force allegations were valid.