Genao v. City of New York

Background

Gabino Genao, who the opinion says was detained at the Manhattan Detention Complex, filed a pro se action under 42 U.S.C. § 1983, a federal law allowing claims against state or local actors for violating constitutional rights. The opinion does not describe the specific alleged constitutional violations. The court had previously granted Genao permission to proceed without prepaying the filing fee. The order notes that this permission does not eliminate a prisoner’s obligation to pay the full filing fee over time.

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. The court requested that the City of New York, MDC CIB Masoni, MDC CIB Officer Everson, MDC Deputy Assistant (ADW) Harvey, MDC Captain Dillard, MDC Correctional Officer CollyMore, and EHO Captain (MDC) Duncan-Chandler waive service of summons. Waiving service would avoid the need for formal personal service of the summons.

Identifying the John Doe Defendants

Genao also sued two unidentified defendants: OSIU Movement and Control Officer John Doe and Maintenance Supervisor MDC John Doe. Citing the rule that a person proceeding without a lawyer may receive court assistance in identifying a defendant, the court found that the complaint provided enough information for the Department of Correction to identify them.

The court ordered the New York City Law Department, as the Department of Correction’s attorney and agent, to determine each John Doe defendant’s identity, badge number, and address for service. It must provide that information to Genao and the court within 60 days of the order. Within 30 days after receiving the information, Genao must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and may later issue another order concerning service.

Discovery

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. Within 120 days after service of the complaint, defendants must serve responses to those standard interrogatories and document requests and must quote each request verbatim in their responses.

Disposition

Judge Alison J. Nathan ordered the Clerk to mail Genao the order and an information package, electronically notify the relevant city agencies, and send the order and complaint to the New York City Law Department. The court requested waivers of service from the listed defendants, ordered the identification process for the two John Doe defendants, and applied Local Civil Rule 33.2. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal from this order. This service and case-management order did not decide whether Genao’s constitutional claims are valid.