Genao v. City of New York
- Analisa Torres
- 1:21-cv-00303
- U.S. District Court · Southern District of New York
- 1
In Genao v. City of New York, Judge Torres granted in part and denied in part defendants’ summary-judgment motion.
Gabino Genao and the defendants were affected. The defendants obtained summary judgment on the specified claims, while Genao’s deliberate-indifference and decontamination-based conditions-of-confinement claims remained unresolved by this order.
What happened
In Genao v. City of New York, Gabino Genao sued the City of New York and several individual defendants. The court had before it the defendants’ request for summary judgment, which asks a court to decide claims without a trial when the law and undisputed facts require it.
The court granted the motion on municipal liability, claims under 18 U.S.C. § 1001, deliberate indifference to medical needs concerning rear-handcuffing, and conditions of confinement involving denied property, linens, blankets, and breakfast. It denied the motion on deliberate indifference to medical needs and conditions of confinement based on an alleged failure to decontaminate.
Judge Analisa Torres adopted the report and recommendation in full after finding no clear error. The court said it would issue a separate order setting a trial date and related deadlines, so the claims on which summary judgment was denied were not resolved by this order.
The detailed version
- Genao v. City of New York · No. 1:21-cv-00303
- Analisa Torres
- July 19, 2023
Background
Gabino Genao brought claims against the City of New York and several individual defendants. The defendants moved for summary judgment, seeking judgment on the claims without a trial. The opinion does not provide the underlying factual allegations in detail.
The matter was referred to Magistrate Judge Valerie Figueredo, who issued a report and recommendation. Because no party objected, Judge Analisa Torres reviewed the report and recommendation for clear error and found none.
Rulings
The court adopted the report and recommendation in its entirety. It granted in part and denied in part the defendants’ motion for summary judgment.
The court granted the motion as to:
- municipal liability; - claims under 18 U.S.C. § 1001; - deliberate indifference to medical needs relating to rear-handcuffing; and - conditions of confinement relating to the denial of property, linens, blankets, and breakfast.
The court denied the motion as to:
- deliberate indifference to medical needs; and - conditions of confinement based on the failure to decontaminate.
The court stated that it would issue a separate order setting a trial date and related pretrial deadlines. It directed the clerk to terminate the summary-judgment motion and mail a copy of the order to Genao, who was proceeding without a lawyer.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.