Feliciano v. City of New York
- Lewis Kaplan
- 1:20-cv-10033
- U.S. District Court · Southern District of New York
- 2
In Feliciano v. City of New York, Judge Kaplan stayed the civil case for 45 days while related criminal investigations continued.
The order affected Madeline Feliciano, as guardian of Nicholas Feliciano, the City of New York, Tasha Lambre, and the other parties by pausing the civil case for an additional 45 days and postponing the defendants’ response deadline.
What happened
Feliciano v. City of New York concerns claims arising from Nicholas Feliciano’s attempted suicide while he was in New York City Department of Correction custody. The plaintiff alleges that employees of the Department of Correction, the City fire department, and New York City Health and Hospitals Corporation failed to respond properly to his medical needs and safety.
The City and Tasha Lambre asked the court to pause the civil case for 45 more days because criminal investigations into the incident were still open. They also asked to postpone the deadline for responding to the complaint and to have the parties report on July 28, 2022. The plaintiff agreed to the proposed stay.
The court entered an order staying the case for the additional 45-day period. Judge Lewis A. Kaplan did not decide the underlying civil-rights claims in this order.
The detailed version
- Feliciano v. City of New York · No. 1:20-cv-10033
- Lewis Kaplan
- June 15, 2022
Background
This civil-rights action concerns Nicholas Feliciano’s attempted suicide on November 27, 2019, while he was in the custody of the New York City Department of Correction. The plaintiff alleges that employees of the Department of Correction, the Fire Department of the City of New York, and New York City Health and Hospitals Corporation were deliberately indifferent to his medical needs and safety.
Request for a Stay
The City and defendant Tasha Lambre asked the court to stay, or pause, the civil case for an additional 45 days because a criminal investigation of the incident remained ongoing. The letter states that the Bronx District Attorney’s Office, the Department of Correction, and the Department of Investigation had open investigations. The parties had previously obtained multiple stays by agreement.
The defendants also asked the court to continue postponing the deadline for defendants to respond to the complaint and to permit the parties to report to the court on July 28, 2022 about how they wished to proceed. The plaintiff consented to the requested stay, while reserving the right to oppose or request a further stay or adjournment.
Ruling
The court entered the proposed order, staying the matter for an additional 45 days and setting July 28, 2022 as the date for the parties’ report. The order did not resolve whether the defendants were liable on the civil-rights claims. Judge Lewis A. Kaplan therefore addressed only the case’s timing while the investigations continued.
Classification Basis
This is a procedural order because it pauses the civil case and does not decide the merits of the plaintiff’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.