Cooper v. Greene Haven Correctional Facility

Background

Tyrone Cooper, who is incarcerated at Elmira Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleged that, while confined at Green Haven Correctional Facility, correction officers ignored a court order or “no haircut voucher” and directed an inmate to cut his hair on November 28, 2023. Cooper alleged that the haircut violated the tenets of his Rastafarian religious beliefs and his First Amendment right to freely practice his religion.

The court had previously allowed Cooper to proceed without paying the filing fee in advance. Because he was proceeding without prepayment, the court screened the complaint under the federal statute governing such cases. That statute requires dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from a defendant immune from that relief.

Claims Against Green Haven

The court dismissed Cooper’s claims against Green Haven Correctional Facility. It explained that the Eleventh Amendment generally protects states and their arms from suits in federal court. Green Haven is operated by the New York State Department of Corrections and Community Supervision, which the court treated as an arm of New York State. The court therefore concluded that Green Haven was protected by that immunity from Cooper’s request for monetary relief and that the court lacked subject-matter jurisdiction over those claims.

The court also noted that Green Haven is not a “person” who can be sued under § 1983. The opinion did not decide whether Cooper’s allegations against the correction officers established a violation of his religious-freedom rights.

John Doe Correction Officers

The complaint did not identify the correction officers by name, but the court found that Cooper had provided enough information for the state corrections department to identify them. Relying on the rule that a self-represented litigant may receive court assistance in identifying an unknown defendant, the court ordered the New York State Attorney General to determine each John Doe officer’s identity, badge number, and address for service.

The Attorney General must provide that information to Cooper and the court within 60 days of the order. Within 30 days after receiving the information, Cooper must file an amended complaint naming the newly identified defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, direct the Clerk’s Office and the U.S. Marshals Service to complete service-related steps.

Disposition

The court dismissed Cooper’s claims against Green Haven Correctional Facility as barred by the Eleventh Amendment. It ordered the identification of the John Doe correction officers and required an amended complaint after that identification. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The opinion does not state that the claims against the unidentified correction officers were dismissed.