Hickman v. New York State Corrections and Community Supervision

Background

Qu andell Hickman, who was detained at the Otis Bantum Correctional Center on Rikers Island, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that his parole term had been unlawfully extended beyond its expiration date. The defendants were the New York State Department of Corrections and Community Supervision (DOCCS); former DOCCS Acting Commissioner Anthony J. Annucci; Office of Sentencing Review Assistant Counsel Richard de Simone; the “40th Street Parole Unit”; and Parole Officer Antoine.

The court had previously granted Hickman permission to proceed without paying the filing fee in advance. Because he was proceeding that way, the court screened his complaint under statutes requiring dismissal of claims that are frivolous, malicious, fail to state a claim, seek money from an immune defendant, or fall outside the court’s jurisdiction.

Claims Dismissed

The court held that Hickman’s Section 1983 claims against DOCCS and the “40th Street Parole Unit” were barred by the Eleventh Amendment, which generally gives states and their arms immunity from suits in federal court unless that immunity has been waived or removed by Congress. The court stated that New York had not waived this immunity and that Congress had not removed it through Section 1983. The court also noted that the “40th Street Parole Unit” was not a “person” who could be sued under Section 1983.

The court’s conclusion dismissed Hickman’s claims against DOCCS and the “40th Street Parole Office.” The opinion does not state that the court reached the merits of whether Hickman’s parole term was unlawfully extended.

Service on Individual Defendants

The court directed the Clerk of Court to issue summonses for Anthony J. Annucci, Richard de Simone, and Parole Officer Antoine, complete the required service forms, and provide the necessary papers to the U.S. Marshals Service. The court explained that a plaintiff proceeding without prepaying fees may rely on the court and the Marshals Service to carry out service. If service is not completed within 90 days after summonses are issued, Hickman should request more time. The court also instructed Hickman to notify the court in writing of any address change.

Disposition

The court dismissed the claims against DOCCS and the “40th Street Parole Office.” It ordered the Clerk of Court and the U.S. Marshals Service to proceed with service on Annucci, de Simone, and Antoine. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.