Genao v. City of New York

Background

Gabino Genao brought this action without a lawyer under 42 U.S.C. § 1983, alleging that the City of New York and several correction officers violated his constitutional rights. The original complaint named two correction officers as John Does. Under an order issued pursuant to Valentin v. Dinkins, the court directed the City to identify those officers and directed Genao to name them in an amended complaint.

The City identified the John Does as correction officers Jamell Moore and Justin Andrews and provided their shield numbers. The City then requested a stay of the case until February 18, 2021, while the Department of Correction investigated the incident underlying the complaint. Genao requested additional time to amend his complaint, expressed uncertainty about whether the court had received an earlier amended complaint, and claimed that the City had not identified an additional John Doe. He also requested discovery about the outcome of the Department of Investigation investigation.

Rulings

Judge Edgardo Ramos granted the City’s request to stay the case until February 18, 2021. The court also granted Genao’s request to extend the amendment deadline and set March 18, 2021, as the deadline for his second amended complaint.

The court instructed Genao to list Moore and Andrews in that complaint using their full names and shield numbers. It further advised that the original complaint named only two John Does and that the City had fully complied with the identification order.

The court denied Genao’s request for discovery about the investigation. It directed him to send discovery requests to the defendants under Rules 26(b)(1) and 34 of the Federal Rules of Civil Procedure. The order did not decide the merits of Genao’s constitutional claims.