Genao v. City of New York
- Analisa Torres
- 1:21-cv-00301
- U.S. District Court · Southern District of New York
- 5
In Genao v. City of New York, Judge Figueredo directed the clerk to seek a volunteer lawyer for Genao’s two excessive-force claims.
Gabino Genao is affected because the court directed the clerk to seek a volunteer lawyer for his two surviving excessive-force claims, while warning that he may still have to proceed without counsel.
What happened
Gabino Genao, who is representing himself, sued the City of New York and others under a federal civil-rights law based on events after he set a fire in his cell while incarcerated. He asked for a volunteer lawyer to help with his case.
Two excessive-force claims will proceed to trial: one involving Officer Nwosu’s use of a fire extinguisher, and one involving Officer Freemantle’s use of pepper spray. The court found that the claims were likely substantial and that Genao’s incarceration would make it very difficult for him to prepare for trial.
Judge Valerie Figueredo directed the clerk to try to find a volunteer lawyer to represent Genao for those two claims. The court did not guarantee that a lawyer would volunteer and said Genao might need to proceed without one.
The detailed version
- Genao v. City of New York · No. 1:21-cv-00301
- Analisa Torres
- Jan. 4, 2024
Background
Gabino Genao, a self-represented plaintiff, brought this action under 42 U.S.C. § 1983 based on events that occurred while he was incarcerated in the custody of the New York City Department of Corrections at the Manhattan Detention Center. The claims arose from defendants’ actions after Genao set a fire in his cell on December 16, 2020.
Genao had previously sought a volunteer lawyer, but the court denied that request without prejudice on September 8, 2023. Genao had been granted permission to proceed without paying court fees, so the court found that he was financially unable to afford counsel.
Claims and surviving issues
Genao’s complaint asserted claims for excessive force, deliberate indifference to medical needs, unconstitutional conditions of confinement, violations of 18 U.S.C. §§ 1001 and 242, and municipal liability. Defendants moved for summary judgment—a request for judgment without a trial—on all claims except Genao’s excessive-force claim concerning Officer Freemantle’s use of OC spray.
A January 4, 2024 Report and Recommendation recommended denying defendants’ summary-judgment motion as to Genao’s excessive-force claim concerning Officer Nwosu’s use of a fire extinguisher. The OC-spray excessive-force claim also remained because defendants had not moved for summary judgment on it. The court therefore treated both excessive-force claims as likely substantial and expected them to proceed to trial.
Legal standard
Under 28 U.S.C. § 1915(e)(1), a court may ask a lawyer to volunteer to represent a person who cannot afford counsel. In a civil case, the court is not required to provide a lawyer and cannot compel an attorney to accept the representation. Courts consider whether the claim appears likely to have merit and factors such as the person’s ability to investigate facts, present the case, handle conflicting evidence, and address complex legal issues.
Ruling
The court concluded that Genao’s incarceration would make it extremely difficult for him to prepare adequately for trial and that a volunteer lawyer would be more likely to produce a fair resolution. Judge Valerie Figueredo directed the clerk to attempt to locate volunteer counsel for the limited purpose of assisting Genao with his two surviving excessive-force claims at trial.
The court emphasized that no funds were available to pay a lawyer in civil cases, that a volunteer might not be found, and that Genao should be prepared to proceed without counsel. The clerk was also directed to terminate the motion listed at ECF No. 120.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.