Genao v. City of New York
- Edgardo Ramos
- 1:20-cv-08721
- U.S. District Court · Southern District of New York
- 2
In Genao v. City of New York, Judge Ramos denied Genao’s records request and directed him to use federal discovery rules.
Gabino Genao’s request for records was denied at this time; the defendants were not ordered to provide the requested records through this motion.
What happened
Genao v. City of New York concerns Gabino Genao’s civil-rights lawsuit against the City of New York and correctional personnel over the handling of a disciplinary infraction while he was incarcerated on Rikers Island.
Genao, who represented himself, asked the defendants for complete medical records and records about his placement in punitive segregation and an enhanced-supervision hearing. He said the records he received were incomplete and violated New York’s Freedom of Information Law.
The court denied Genao’s requests at that time and told him to direct requests for relevant records to the defendants under the federal discovery rules. Judge Edgardo Ramos also directed the clerk to terminate the motion and mail Genao a copy of the order.
The detailed version
- Genao v. City of New York · No. 1:20-cv-08721
- Edgardo Ramos
- Apr. 16, 2021
Background
Gabino Genao brought this action under 42 U.S.C. § 1983, a federal civil-rights law, alleging that the City of New York and several correctional personnel violated his constitutional rights in handling a disciplinary infraction while he was incarcerated on Rikers Island. Genao represented himself.
On March 24, 2021, Genao asked the defendants to provide his complete medical records and records concerning his placement in punitive segregation and an enhanced-supervision hearing. He argued that the records already provided were incomplete and violated New York’s Freedom of Information Law, or FOIL.
Court’s analysis
The court explained that appeals from denials of FOIL requests must be made in writing to the Records Appeal Officer. A challenge to a final FOIL denial must then be brought through a petition under Article 78 in New York State Supreme Court. The court also directed Genao to use the federal discovery process for records relevant to this federal lawsuit, including Rules 26(b)(1) and 34 of the Federal Rules of Civil Procedure.
Ruling
The court denied Genao’s requests for his medical records and pre-hearing detention records at that time. It did not order the defendants to produce those records through this motion. The clerk was directed to terminate the motion and mail Genao a copy of the order. Judge Edgardo Ramos signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.