Baldemora v. City of New York

Background

Franklin Hichez Baldemora brought this action under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims against state or local actors. The opinion text says that Baldemora alleges false arrest and excessive force arising from an incident on August 25, 2023. The City was served in December 2023, and its response to the complaint was due March 22, 2024 under the schedule established by Local Civil Rule 83.10.

The City learned that the New York City Civilian Complaint Review Board (CCRB) had an open investigation concerning the incident. The City asked to stay the entire action until 30 days after the CCRB investigation ended and to postpone all deadlines under the case schedule. The City said the investigation could affect whether the Corporation Counsel’s Office could represent the individually named officer, Manuel Argueta Linares, because New York law requires an investigation into whether an employee acted within the scope of public employment and complied with agency rules. The City also said that information and records from the CCRB investigation could be unavailable or protected while the investigation continued. The City noted that Baldemora’s counsel consented to a 60-day stay.

Ruling

Judge Failla granted the application. The court stayed the action until 30 days after the CCRB investigation is resolved and accordingly postponed all § 1983 Plan deadlines pending the investigation’s conclusion. The City was ordered to provide updates on the investigation every 60 days until it concluded. The clerk was directed to terminate the pending motion at docket number 6.

The order addresses only the temporary stay and scheduling consequences of the ongoing investigation. It does not decide whether the false-arrest or excessive-force allegations have merit.