Hammock v. Rizzuto

Background

Jesse Hammock, who was incarcerated at Sullivan Correctional Facility and proceeded without a lawyer, brought an action under 42 U.S.C. § 1983 against Anthony Rizzuto, identified as the Food Service Administrator, and John Papavasiliou, identified as the Head Cook. Hammock alleged that, on December 14, 2019, Papavasiliou recommended and Rizzuto carried out his removal from his position as a Special Housing Unit cook and reassigned him to the tray room.

Hammock alleged that the stated reasons included his visits, participation in the Family Reunion Program, attendance at religious services, and taking scheduled days off rather than working every day. He asserted that there had been no complaints or negative evaluations of his work and sought money damages. The court had previously allowed him to proceed without paying the filing fee in advance.

Court’s analysis

Because Hammock was proceeding without prepaying the filing fee, the court screened his complaint under 28 U.S.C. § 1915(e)(2)(B). The court explained that a complaint must be dismissed at screening if it is frivolous or malicious, fails to state a legally valid claim, seeks money from an immune defendant, or falls outside the court’s jurisdiction. The court also said that it must read a self-represented litigant’s allegations generously.

The court explained that a prisoner generally has no constitutional right to a particular prison job and may ordinarily be assigned or removed from a job for almost any reason. However, the Equal Protection Clause of the Fourteenth Amendment protects prisoners from discrimination in prison job assignments based on religion or other protected classifications.

The court concluded that Hammock did not state an equal-protection claim. He did not allege facts showing that defendants treated him differently from similarly situated prisoners or intentionally discriminated against him because of his religion. The reference to his attendance at religious services, considered along with the other stated reasons, could instead suggest a scheduling issue. Hammock also did not allege facts showing religious hostility or that defendants acted with a specific intent to discriminate against him. The court therefore found that he failed to state an equal-protection claim under the Fourteenth Amendment.

Disposition

The court granted Hammock leave to file an amended complaint within 60 days of the order. The amended complaint had to provide facts supporting his claim that defendants removed him from the Special Housing Unit cook position because of his religious beliefs, identify the relevant people and events, explain each defendant’s involvement, describe the alleged injuries, and state the requested relief. The amended complaint would completely replace, rather than supplement, the original complaint.

Judge Louis L. Stanton directed Hammock to label the filing “Amended Complaint” and include docket number 20-CV-4175 (LLS). No summons would issue at that time. The court stated that if Hammock failed to comply within the allowed period and could not show good cause, the complaint would be dismissed for failure to state a claim.