Genao v. City of New York

Background

Gabino Genao, who was detained at the Manhattan Detention Center, filed a lawsuit without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute used to challenge constitutional violations by state or local government actors. He named the City of New York, several correctional staff members, an Adjudication Captain, an OSIU Chief, and other defendants. He alleged that the defendants violated his federal constitutional rights while he was detained in the North Infirmary Command on Rikers Island.

The court had previously granted Genao permission to proceed without paying the filing fee at the outset. The opinion notes that prisoners generally remain responsible for the full filing fee even when granted that permission.

Service on Named Defendants

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department about the order. The court requested that the City of New York, Captain Smith, Captain Anderson, Warden Walker, Correction Officer Smart, and ESH Deputy of Security René waive service of the summons.

Identifying Placeholder Defendants

Genao’s complaint provided enough information for the New York City Law Department to identify the Adjudication Captain and OSIU Chief involved in his disciplinary proceeding. The court therefore ordered the Law Department to determine those defendants’ identities, badge numbers, and service addresses within 60 days of the order’s date.

The Law Department must provide that information to Genao and the court. Within 30 days after receiving it, Genao must file an amended complaint naming the newly identified defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint after it was filed and could later issue another order concerning service.

Discovery

The court ruled that Local Civil Rule 33.2 applies to the case. That rule requires defendants in certain prisoner cases to answer specified, court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days of the order’s date and must quote each request verbatim in their responses.

Disposition

The order directed the requested service and defendant-identification steps, applied Local Civil Rule 33.2, and instructed the Clerk to mail Genao a copy of the order and an information package. It did not decide the merits of Genao’s constitutional claims.