Genao v. City Of New York

Background

Gabino Genao, who is incarcerated in the North Infirmary Command on Rikers Island, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that correction officials employed by the New York City Department of Correction violated his rights. The defendants named in the complaint included Wardens Walker and Freeman; mailroom officers Rodriguez and Sands; Correction Officers Knepple and Morgan; Captain Smith; and unidentified John Doe defendants.

The Department of Correction declined to waive service on behalf of Rodriguez, Morgan, Smith, Sands, and Freeman. The opinion states that the complaint described Rodriguez, Morgan, and Smith as being present in the mailroom on December 27, 2018, described Genao handing mail to Sands around January 18–22, 2019, and identified Freeman as the warden of O.B.C.C.

Ruling

The court issued an identification order under Valentin v. Dinkins, a procedure requiring assistance for a self-represented litigant who needs help identifying a defendant. The court ordered the New York City Law Department, as the attorney and agent for the Department of Correction, to determine the identities of Rodriguez, Morgan, Smith, Sands, and Freeman and provide their service addresses to Genao and the court within 60 days.

After receiving the Law Department’s response, the court stated that it would substitute the defendants’ full names and badge numbers under Federal Rule of Civil Procedure 21, direct the Clerk of Court to amend the caption, and issue an order requesting that the Department of Correction waive service. The opinion states that this substitution would not prevent the identified defendants from asserting defenses. The Clerk of Court was also directed to mail the order and complaint to the New York City Law Department.