Caldwell v. Officer German Geronimo

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BOISEY CALDWELL, Plaintiff, 19 Civ. 8253 (KPF) -v.- ORDER OFFICER GERMAN GERONIMO, Defendant. KATHERINE POLK FAILLA, District Judge: By Order dated October 15, 2020, the Court denied Plaintiff’s request that the Court order Defendant to produce the City of New York’s complete “use of force records from 2010-2020.” (Dkt. #86). In so doing, the Court noted that it had previously dismissed the City as a defendant due to Plaintiff’s failure to state a claim for municipal liability under Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), and that the records Plaintiff requested were more relevant to such a Monell claim than to his claim against Defendant Geronimo. (See id.). The Court further stated: Following the Court’s dismissal of Plaintiff’s claims against the City of New York, Plaintiff did not seek to amend his Complaint to allege additional facts that might support a Monell claim. However, Plaintiff’s recent filings with the Court suggest that he desires to pursue theories of municipal liability. Although his window of time to amend his Complaint as a matter of right has now passed, Plaintiff still may seek to do so with the Court’s leave.

(Id.) Plaintiff has now filed two documents with the Court styled as a “Response to court order of 10/16/20 – Rule 15(A)(2) and Rule 12(b) Amended Pleading for Municipal Liability,” (Dkt. #92), and an “Affidavit of Support for Rule 15(A)(2) and Rule 12(b) Amended Pleading for Municipal Liability,” (Dkt. #91). The Court interprets these documents as a motion for leave to amend pursuant to Federal Rule of Civil Procedure 15(a)(2). Accordingly, Defendant is hereby ORDERED to file any opposition to the motion on or before November 20, 2020. The Clerk of Court is ordered to mail a copy of this Order to Plaintiff at his address of record. SO ORDERED. Dated: November 6, 2020 nt New York, New York Kathe Mal. flr KATHERINE POLK FAILLA United States District Judge