Genao v. City of New York

Background

Gabino Genao, who was incarcerated at the Manhattan Detention Center, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that defendants violated his rights while he was detained at the Manhattan Detention Center, retaliated against him, transferred him to the Suffolk County Jail, violated his rights there, and violated his rights again after he returned to the Manhattan Detention Center. The court had previously allowed him to proceed without paying the filing fee upfront.

Because Genao was a prisoner proceeding without prepaying the filing fee and sued governmental entities and employees, the court screened the complaint under the Prison Litigation Reform Act. At this stage, the court had to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction.

Dismissed Defendants

The court dismissed Genao’s claims against the New York State Commission of Correction, identified in the caption as SCOC. The court held that the Commission was protected by the Eleventh Amendment, which generally prevents states, state agencies, and state instrumentalities from being sued in federal court unless immunity has been waived or Congress has removed it. The court further stated that New York had not waived that immunity and that Congress had not removed it through Section 1983.

The court also dismissed Genao’s claims against the New York City Department of Correction. It explained that an agency of the City of New York is generally not an entity that can be sued.

Service and Unnamed Defendant

The court requested that the City of New York and several named defendants waive formal service of the summons. It directed the Clerk of Court to prepare the paperwork needed for the U.S. Marshals Service to serve Suffolk County Hearing Officer Yascone, Suffolk County Inspector General Officer Anthony Germano, also known as Mr. G., and Suffolk County Inspector General Officer Bertolli, also known as Mr. B. Because Genao was allowed to proceed without prepaying fees, he could rely on the court and the Marshals Service to carry out service. The court extended the service deadline to 90 days after the summonses were issued.

The court found that Genao had provided enough information for the Suffolk County Sheriff’s Office to identify Lieutenant Jane Doe. It ordered the Suffolk County Attorney to determine her identity, badge number, and service address within 60 days. Within 30 days after receiving that information, Genao was required to file a second amended complaint naming her. That complaint would replace, rather than supplement, the original complaint, and the court would screen it after filing.

Other Orders and Disposition

The court applied Local Civil Rule 33.2, requiring defendants in covered prisoner cases to respond to specified discovery requests within 120 days after service of the complaint.

The court dismissed Genao’s claims against SCOC and the New York City Department of Correction. It directed the Clerk to mail the order and an information package to Genao, send the complaint and order to the Suffolk County Attorney, and provide a second amended complaint form. The court also certified that an appeal from the order would not be taken in good faith and denied Genao permission to proceed without prepaying fees for an appeal.

The order was a screening and service order. It did not decide the merits of Genao’s underlying allegations against the defendants who were subject to requested waiver or service.