Avila v. Tenzie
- Valerie Caproni
- 1:19-cv-11920
- U.S. District Court · Southern District of New York
- 3
In Avila v. Tenzie, Judge Gorenstein denied the City’s stay request but extended Officer Tenzie’s response deadline to June 9, 2020.
Lexy Avila, who was representing herself, and Correction Officer Stacy Tenzie. The City of New York’s request for a stay was denied, while Tenzie received additional time to respond to the complaint.
What happened
In Avila v. Tenzie, Lexy Avila, who was representing herself, sued Correction Officer Stacy Tenzie. The City of New York asked to pause the case for 90 days because of the COVID-19 public health crisis and because it needed time to determine representation and gather records.
The court denied the City’s request for a stay. The opinion does not decide the underlying allegations about safety or failure to protect Avila.
Judge Gorenstein extended the deadline for Officer Tenzie to answer the complaint or make another response from May 4, 2020, to June 9, 2020. The order also required the defendant to mail Avila a copy and file proof that it was mailed.
The detailed version
- Avila v. Tenzie · No. 1:19-cv-11920
- Valerie Caproni
- Apr. 3, 2020
Background
Lexy Avila filed the complaint while representing herself. The complaint alleged, among other things, deliberate indifference to safety and failure to protect while she was housed at the Rose M. Singer Center. The court had asked Correction Officer Stacy Tenzie to waive service, and the Department of Correction waived service on Tenzie’s behalf. Tenzie’s answer was due May 4, 2020.
The City of New York, identified as an interested party, requested a 90-day stay of the case and an extension of Tenzie’s deadline to respond. The City cited the COVID-19 public health crisis, remote-work limitations, the need to determine whether it could represent Tenzie under New York law, and the need to obtain medical and Department of Correction records.
Ruling
The court denied the application for a stay. It adjourned, meaning extended, the time for Tenzie to answer the complaint or otherwise respond until June 9, 2020. The court also ordered Tenzie to mail Avila a copy of the order and promptly file proof of service. The order did not resolve the merits of Avila’s allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.