Lastres v. City Of New York

Background

Daniel Lastres brought a civil-rights action under 42 U.S.C. § 1983 concerning his September 13, 2020 arrest. The opinion identifies claims including false arrest, malicious prosecution, and excessive force. The defendants named in the case were the City of New York, Police Officer Nikolaos Liandrakis, and Captain Christopher Treubig. The case had been removed from New York Supreme Court to the Southern District of New York and designated for participation in the court’s procedure for certain § 1983 cases against the City.

The City’s request

The City asked for a stay of the entire case and an adjournment of all deadlines until 30 days after an ongoing Civilian Complaint Review Board investigation was resolved. The City stated that this was its first stay request and that Lastres did not consent.

The City argued that the investigation could affect whether the City’s law department could represent the two individual defendants. Under New York General Municipal Law § 50-k, the City said it had to determine whether the officers were acting within the scope of their employment and complying with agency rules. The City also argued that the investigation could restrict access to documents, recordings, and other information needed to respond to the complaint, participate in conferences, and prepare discovery. It asserted that a temporary stay would not prejudice Lastres because the alleged incident occurred on September 13, 2020, and the limitations period would end, at the earliest, on September 13, 2023.

Ruling

Judge Ronnie Abrams ordered that the parties’ deadlines under Local Rule 83.10 be adjourned to June 3, 2022. The order further stated that, after that date, the parties must resume participation in the procedure for certain § 1983 cases against the City of New York.

The order does not expressly say that the requested stay was granted or denied. It also does not state that the case was dismissed or decide the merits of Lastres’s claims.