Brooks v. Annucci

Background

Shantee Brooks, who is incarcerated at Sing Sing Correctional Facility, filed a self-represented lawsuit under 42 U.S.C. § 1983. He alleges that the defendants denied him the right to participate in a Jummah prayer service at Sing Sing on April 14, 2023. He sued Acting Commissioner Anthony Annucci in his official capacity, Sergeant Joseph, John Doe, Officer in Charge, and John Doe, Escorting Officer.

Chief Judge Laura Taylor Swain had granted Brooks permission to proceed without paying filing fees in advance. Because he had that permission, the court stated that Brooks could rely on the court and the U.S. Marshals Service to deliver the summons and complaint to the defendants.

Service on Named Defendants

The court directed the Clerk of Court to prepare summonses and the required service forms for Acting Commissioner Annucci and Sergeant Joseph. The Clerk was also directed to give the U.S. Marshals Service the documents needed to serve those defendants.

The court stated that the complaint must be served within 90 days after the summonses are issued. If service is not completed within that period, Brooks should request additional time. The court also required Brooks to notify the court in writing if his address changes and warned that the case could be dismissed if he fails to do so.

Identifying the John Doe Defendants

The court found that Brooks had provided enough information to allow the New York State Department of Corrections and Community Supervision to identify the two unnamed officers: the officer in charge of Brooks’s housing unit on April 14, 2023, and the officer who escorted him to Jummah services that day.

The court ordered the New York State Attorney General’s Office, as counsel and agent for the Department of Corrections and Community Supervision, to determine each officer’s identity, badge number, and service address. That information must be provided to Brooks and the court within 60 days of the order.

Within 30 days after receiving the information, Brooks must file an amended complaint naming the John Doe defendant or defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it would screen the amended complaint and, if necessary, arrange for service of the newly named defendants.

Legal Clinic Referral

The court informed Brooks that he could seek limited assistance from the New York Legal Assistance Group Clinic, a private organization that assists people representing themselves in civil cases in the Southern District of New York. The court explained that the clinic is not part of the court and cannot file papers for Brooks. The clinic’s materials, retainer, and intake form were attached to the order.

Disposition and Effect

The court issued an order of service. It directed service on Acting Commissioner Annucci and Sergeant Joseph, directed the Attorney General’s Office to identify the two unnamed officers, and referred Brooks to the legal clinic. The order did not decide the merits of Brooks’s civil-rights allegations or dismiss the case.