Genao v. City of New York

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED GABINO GENAO, DOC DATE FILED: _7/19/2023 Plaintiff, -against- 21 Civ. 303 (AT) (VF) CITY OF NEW YORK, WARDEN HARVEY, ORDER ADOPTING CAPTAIN DILLARD, CAPTAIN MOISE, OFFICER REPORT AND LISICHKIN, OFFICER HIDALGO, OFFICER LA RECOMMENDATION TOUCHE, COMMISSIONER BRANN, OFFICER FERSOV, Defendants. ANALISA TORRES, District Judge: Having received no objections to the Report and Recommendation (the “R&R”), ECF No. 97; see ECF No. 104, of the Honorable Valerie Figueredo, the Court reviewed the R&R for clear error and found none. See Oquendo v. Colvin, No. 12 Civ. 4527, 2014 WL 4160222, at *2 (S.D.N.Y. Aug. 19, 2014). The Court, therefore, ADOPTS the R&R in its entirety. Accordingly, Defendants’ motion for summary judgment, ECF No. 74, is GRANTED in part and DENIED in part. Specifically, Defendants’ motion is GRANTED as to the following claims: municipal liability, claims under 18 U.S.C. § 1001, deliberate indifference to medical needs as it relates to the rear- handcuffing, and the conditions of confinement as it relates to the denial of property, linens, blankets, and breakfast. R&R at 33. Defendants’ motion is DENIED as to the claims of deliberate indifference to medical needs and conditions of confinement based on the failure to decontaminate. Id. The Court shall issue a separate order setting a trial date and related pre-trial deadlines in due course. The Clerk of Court is directed to terminate the motion at ECF No. 74, and mail a copy of this order to Plaintiff pro se. SO ORDERED. Dated: July 19, 2023 New York, New York _ ANALISA TORRES United States District Judge