Genao v. City of New York

Background

Gabino Genao filed this civil-rights action under 42 U.S.C. § 1983 while representing himself. He alleged that the City of New York and several correction officers violated his constitutional rights. His original complaint named two officers as John Does, meaning their identities were initially unknown.

Identification of the John Does

The court directed the City to identify the two John Does and directed Genao to amend his complaint after their identities were provided. The City identified them as correction officers Jamell Moore and Justin Andrews and provided their shield numbers. Genao later filed an amended complaint using only their last names and expressed uncertainty about whether the court had received it.

Stay and Discovery Requests

The City asked the court to pause the case while the Department of Correction investigated the incident underlying the complaint. The court granted that request through February 18, 2021. Genao requested information about the outcome of a Department of Investigation inquiry and later requested video footage of the incident. The court had denied his earlier request for information about the investigation.

Ruling

Judge Edgardo Ramos stated that the February order had not been sent to Genao and therefore extended his deadline to file a second amended complaint until April 15, 2021. The court instructed him to list Moore and Andrews using their full names and shield numbers and stated that the City had fully complied with the order identifying the John Does.

The court denied Genao’s further requests for information about the investigation and for video footage at that time. 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 clerk was directed to lift the stay and mail Genao copies of the March 2 order and the earlier February order.