Garcia v. Palmenteri

Background

Garcia alleges that on April 15, 2019, while he was in the custody of the New York City Department of Correction at the George R. Vierno Center, Correction Officer Palmenteri used excessive force against him. Garcia also alleges that he was denied medical treatment for his hand, first by Palmenteri and later by Captain Charles.

The Department of Correction began an internal investigation. The court had previously stayed the case on October 24, 2019. The City reported that the investigation’s results were pending supervisory review.

Request to Continue the Stay

The City asked the court to continue the stay until the investigation concluded. It argued that the parties had limited access to documents and other information about the incident during the investigation and no access to materials generated during the investigation because, according to the City, those materials were protected from disclosure by privilege.

The City also argued that the ongoing review affected its Office of Corporation Counsel’s representation of the individually named defendants. It said that without access to documents and the officers involved, the Office would be unable to respond fully to the complaint or participate effectively in conferences, discovery, or settlement. The City additionally cited the effects of the COVID-19 pandemic, remote work, New York’s pause orders, and staffing shortages.

Garcia consented to continuing the stay.

Ruling

Judge Katherine Polk Failla granted the City’s application. The case will remain stayed pending the conclusion of the Department of Correction’s investigation into the alleged incident.

The court ordered the City to submit a letter about the investigation’s status by the earlier of October 30, 2020, or 14 days after the investigation concludes. The court also directed Garcia to continue keeping the court and the defendants informed of his mailing address.