Abdul-Aleem v. Miller

Background

Yahya Abdul-Aleem, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, brought claims under 42 U.S.C. § 1983. He alleged violations of his Fourteenth Amendment right to due process and his Eighth Amendment right to be free from cruel and unusual punishment. The court had previously granted permission for him to proceed without prepaying filing fees.

Prisoner-Complaint Screening

Under the Prison Litigation Reform Act, the court must screen a prisoner’s complaint and dismiss claims that are frivolous, malicious, fail to state a legally sufficient claim, seek money from an immune defendant, or fall outside the court’s jurisdiction. The court applied that screening process here.

Official-Capacity Claims for Damages

The court held that the Eleventh Amendment bars Abdul-Aleem’s § 1983 claims seeking damages from the defendants in their official capacities. The opinion states that all defendants are employees or officials of the New York State Department of Corrections and Community Supervision, and that New York has not waived this immunity or had it removed by Congress for § 1983 claims. The court dismissed those official-capacity claims for damages.

The court did not address Abdul-Aleem’s official-capacity claims for declaratory and injunctive relief at this stage. Its conclusion states that claims for injunctive relief against the defendants in their official capacities could proceed, as could claims against the defendants in their personal capacities.

John and Jane Doe Defendants

The court dismissed claims against Green Haven Inmate Grievance Response Committee Office Personnel John Does #1 and #2 without prejudice. The complaint did not clearly explain what those defendants allegedly did or failed to do, and it did not provide enough information to identify them. The court directed the clerk to terminate them from the electronic docket.

The court found that the complaint provided enough information for DOCCS to identify Green Haven Mental Health Staff Jane Does #1 and #2, who allegedly met with Abdul-Aleem beginning June 29, 2021, to provide mental-health treatment. The New York State Attorney General was ordered to determine their identities, badge numbers, and service addresses and provide that information to the court and Abdul-Aleem within 60 days. Within 30 days after receiving the information, Abdul-Aleem must file an amended complaint naming them. The amended complaint will replace, rather than supplement, the original complaint, and the court will screen it after filing.

Service of the Complaint

Because Abdul-Aleem was allowed to proceed without prepaying fees, the court directed the clerk to issue summonses and complete the required U.S. Marshals Service forms for Mark Miller, Michael Lago, D. Strong, Michelle M. Liberty, and Cathy Y. Sheehan. The clerk must provide the necessary documents to the U.S. Marshals Service for service. The court stated that the time to serve is extended to 90 days after any summonses are issued, and that Abdul-Aleem should request an extension if service is not completed within that period.

Request for Pro Bono Counsel

Abdul-Aleem also asked the court to request a volunteer lawyer. The court denied that application without prejudice to renewal later because the case was at too early a stage for the court to assess its merits. The court also reminded Abdul-Aleem to notify it in writing of any address change.

Disposition

The court dismissed without prejudice the claims against John Does #1 and #2; dismissed the § 1983 claims seeking damages against the defendants in their official capacities; allowed official-capacity claims for injunctive relief and personal-capacity claims to proceed at this stage; and denied the application for pro bono counsel without prejudice to renewal. Judge Jessica G. L. Clarke also directed the clerk to mail the order and complaint to the New York State Attorney General and to take steps to begin service.