Garcia v. Thomas

Background

Daniel Garcia filed this action under 42 U.S.C. § 1983. The opinion states that Garcia alleged that, on December 27, 2020, he attempted to hang himself; that Officer Beethoven saw him with a string around his neck and did not help; that Correction Officer Thomas shoved his fist into Garcia’s back when Garcia could no longer breathe; and that Captain Guerra told him to “do it again” while escorting him to the clinic. Garcia claimed that correctional officers failed to protect him and provide medical care, violated his First Amendment right to free speech, and caused him mental anguish.

The defendants’ counsel asked the court to require Garcia to provide signed medical releases, warn him that the action could be dismissed for failure to prosecute, and require him to indicate that he intended to continue litigating by January 14, 2022. Counsel stated that three medical-release forms had been sent to Garcia and had not been returned. Counsel also stated that Garcia had been released on his own recognizance on December 7, 2021, had not updated his address on the court’s docket, and had not communicated with the court or defense counsel since his last address change.

Ruling

Judge Barbara C. Moses granted the application in part. The order required Garcia, no later than February 8, 2022, to provide defendants with executed copies of the medical releases served on September 13, October 6, and November 30, 2021. If Garcia had misplaced them, the order stated that he was responsible for contacting Assistant Corporation Counsel Mary K. Sherwood and arranging to obtain new copies. The order also reminded Garcia that failure to prosecute the action could lead to dismissal under Federal Rule of Civil Procedure 41. The text provided does not state a separate disposition for each part of the defendants’ request.