Latimer v. Royce

Background

Corey A. Latimer, Sr., who was incarcerated at Green Haven Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his federal constitutional rights. The court had previously allowed him to proceed without paying filing fees upfront.

At the screening stage, the court was required to dismiss claims that were frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s jurisdiction. The court also stated that it would interpret a self-represented litigant’s complaint liberally and consider the strongest claims reasonably suggested by the allegations.

Claims Against Green Haven and the State of New York

The court dismissed Latimer’s claims against the “State of New York Green Haven Correctional Facility.” To the extent the claims were against the State of New York, the court held that the Eleventh Amendment generally protects states from lawsuits in federal court. The court stated that New York had not waived that protection and that Congress had not removed it through Section 1983.

To the extent the claims were against Green Haven Correctional Facility itself, the court held that the facility is not a “person” that can be sued under Section 1983. The court therefore dismissed any Section 1983 claims against Green Haven.

Claims Against Acting Commissioner Annucci

The court also dismissed Latimer’s Section 1983 claims against DOCCS Acting Commissioner Anthony Annucci. A Section 1983 claim requires facts showing that the defendant was personally involved in the alleged constitutional violation. The court explained that a supervisor cannot be held liable merely because someone working under that supervisor allegedly violated the plaintiff’s rights.

The court found that Latimer had not alleged facts showing how Annucci was personally involved in the events underlying the claims. It dismissed the claims against Annucci for failure to state a claim on which relief could be granted.

Service on Remaining Defendants

The court directed service on the Superintendent of Green Haven Correctional Facility, Sgt. Rossi, and Sgt. Muzelly. Because Latimer had permission to proceed without paying filing fees upfront, he could rely on the court and the U.S. Marshals Service to serve the defendants.

The court extended the time for service until 90 days after the summonses were issued. It directed the Clerk of Court to complete the required service forms, issue the summonses, and provide the Marshals Service with the necessary documents. The court also stated that Latimer must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.

Disposition

The court dismissed Latimer’s Section 1983 claims against the “State of New York Green Haven Correctional Facility” and Acting Commissioner Annucci. It directed the Clerk of Court to arrange service on the Superintendent, Sgt. Rossi, and Sgt. Muzelly. The court certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.