Williams v. Essex

Background

Andrew Williams filed an amended complaint concerning events that occurred while he was incarcerated at Woodbourne Correctional Facility. The opinion states that he had been released by the time he filed the action. The court had previously granted him permission to proceed without paying the filing fee upfront. Defendants E. Nova and P. Essex had been served.

The amended complaint added individual defendants Steve Whitbeck, Dawn Amsler, Edwin Elffied, Mark Osborne, and Stephen Webster, as well as the New York State Board of Examiners for Sex Offenders.

Screening standard

Because Williams was allowed to proceed without paying the filing fee upfront, the court was required to dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also explained that it must read filings from people without lawyers generously, while still requiring enough factual detail to make a claim plausible.

Board of Examiners

The court held that the New York State Board of Examiners for Sex Offenders is an arm of New York State. Under the constitutional protection for states and their agencies, New York had not agreed to be sued in federal court, and Congress had not removed that protection for claims under 42 U.S.C. § 1983. The court therefore held that Williams’s § 1983 claims against the Board were barred and dismissed those claims under 28 U.S.C. § 1915(e)(2)(B)(iii).

Service of process

The court noted that service on F. Foster had not been completed because he no longer worked at Woodbourne Correctional Facility. It directed that Foster be served at Ulster Correctional Facility, where the opinion said he reportedly worked.

The court also directed the Clerk of Court to prepare service forms and issue summonses for Steve Whitbeck, Dawn Amsler, Edwin Elffied, Mark Osborne, and Stephen Webster. Because Williams was proceeding without paying the filing fee upfront, the U.S. Marshals Service would carry out service. The court extended the service deadline to 90 days after the summons was issued and stated that Williams must notify the court if his address changed.

Conclusion and appeal status

The court dismissed Williams’s claims against the New York State Board of Examiners for Sex Offenders. It ordered the Clerk to provide the necessary documents and addresses to the Marshals Service for service on F. Foster and the five listed individual defendants. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying fees for that appeal.

The opinion says the amended complaint added six individual defendants but lists five individuals by name. The supplied case metadata identifies the filing date as June 18, 2020, while the opinion refers to an earlier order dated December 20, 2020; those dates appear inconsistent.