Genao v. Ruiz
- Lewis Liman
- 1:24-cv-02077
- U.S. District Court · Southern District of New York
- 6
In Genao v. Ruiz, Judge Liman ordered service steps, added Officer McMillian, identified John Doe officers, and applied prisoner discovery rules.
Genao Gabino, the named defendants, Officer McMillian, the two unnamed correction officers, the New York City Department of Correction and Law Department, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Genao v. Ruiz, Genao Gabino, who is incarcerated and representing himself, brought a civil-rights lawsuit under a federal law against New York City and several individuals. He alleges that the defendants violated his constitutional rights during his detention on Rikers Island. The court had already allowed him to proceed without paying filing fees upfront.
The court added Officer McMillian as a defendant, without affecting any defenses McMillian may later assert. It asked several Department of Correction defendants and McMillian to waive formal service, and directed the Clerk and U.S. Marshals Service to serve Sharon Forbes. The court also required the New York City Law Department to identify two unnamed correction officers and provide that information within 60 days.
The court applied Local Civil Rule 33.2, requiring defendants to answer specified discovery requests within 120 days after service. Judge Lewis J. Liman issued these service and case-management directions; the order did not decide whether Genao Gabino’s constitutional claims were valid.
The detailed version
- Genao v. Ruiz · No. 1:24-cv-02077
- Lewis Liman
- Apr. 3, 2024
Background
Genao Gabino, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that defendants violated his constitutional rights during his detention on Rikers Island. The named defendants are the City of New York; Robin Collins; Elvis Ruiz, Jr.; Kenneth Stukes; Tamara Fee; Eugenio Oliva; Avi Trope; Sharon Forbes; and two unnamed correction officers. Genao Gabino also referred to Officer McMillian as a defendant in the complaint.
The court had previously granted permission for Genao Gabino to proceed without paying filing fees upfront. This order concerns service of the complaint, identification of unnamed defendants, and initial discovery; it does not decide the merits of the constitutional claims.
Court’s actions
- Officer McMillian added: The court directed the Clerk to add Officer McMillian as a defendant under Federal Rule of Civil Procedure 21. The addition was without prejudice to any defenses McMillian may assert. - Requested waivers of service: The court asked the City of New York, Robin Collins, Elvis Ruiz, Jr., Kenneth Stukes, Tamara Fee, Eugenio Oliva, Avi Trope, and Officer McMillian to waive service of summons. - Service on Sharon Forbes: Because Genao Gabino was allowed to proceed without paying filing fees upfront, the court directed the Clerk to issue a summons for Sharon Forbes and send the necessary documents to the U.S. Marshals Service. The court extended the service period to 90 days after the summons is issued. If service is not completed within that period, Genao Gabino should request more time. - Identification of unnamed officers: The court ordered the New York City Law Department to determine the identities and badge numbers of the two unnamed correction officers and provide that information to Genao Gabino and the court within 60 days. Within 30 days after receiving the information, Genao Gabino must notify the court that the newly identified officers should be added to the case and that the court should request waivers of service. - Discovery: The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond to the specified prisoner-case discovery requests within 120 days after service of the complaint and must quote each request verbatim in their responses.
The court also directed Genao Gabino to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Disposition and significance
The order directs service and related case-management steps. It adds Officer McMillian as a defendant, requests waivers of service from the listed defendants, directs service of Sharon Forbes through the U.S. Marshals Service, requires identification of the two unnamed officers, and applies Local Civil Rule 33.2. Judge Lewis J. Liman did not rule on whether the defendants violated Genao Gabino’s constitutional rights.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.