Louime v. Annucci

Background

David Louime, who is incarcerated at Sing Sing Correctional Facility, brought a self-represented action under 42 U.S.C. § 1983. That law allows a person to seek relief for certain violations of federal rights by state actors. Louime alleges that the defendants denied him the right to participate in a Jummah prayer service at Sing Sing on April 14, 2023.

The defendants named in the complaint were Acting Commissioner Anthony Annucci, sued in his official capacity; Sergeant Joseph; John Doe, Officer in Charge; and John Doe, Escorting Officer. The court’s order states that Chief Judge Laura Taylor Swain had already granted Louime permission to proceed without prepaying filing fees.

Service on Named Defendants

Because Louime was proceeding without prepaying fees, the court directed the Clerk of Court to prepare summonses and U.S. Marshals Service process forms for Acting Commissioner Annucci and Sergeant Joseph. The Clerk was instructed to provide the Marshals Service with the documents needed to serve those defendants.

The court stated that service must occur within 90 days after the summonses are issued. It also stated that Louime should request more time if service is not completed within that period. Louime must notify the court in writing if his address changes, and the order warns that the action may be dismissed if he does not do so.

Identifying the John Doe Defendants

The court relied on the rule that a self-represented litigant is entitled to the district court’s assistance in identifying an unnamed defendant. It found that Louime had provided enough information for the New York State Attorney General, acting as the attorney and agent for the Department of Corrections and Community Supervision, to identify the two John Doe officers.

The Attorney General was ordered to determine the identity, badge number, and service address of the officer in charge of Louime’s housing unit on April 14, 2023, and the officer who escorted him to Jummah services that day. The Attorney General must provide that information to Louime and the court within 60 days of the order.

Within 30 days after receiving the information, Louime must file an amended complaint naming the John Doe defendant or defendants. The amended complaint will replace the original complaint rather than add to it. The court stated that it will screen the amended complaint and, if necessary, issue further service instructions.

Legal Clinic Referral and Disposition

The court informed Louime that he may seek limited-scope assistance from the New York Legal Assistance Group Pro Se Clinic, a private organization that assists people representing themselves in civil cases. The order explained that the clinic is not part of the court and cannot file papers for him. The attached materials included the clinic’s flyer, retainer, and intake form.

Judge Cathy Seibel ordered service on Acting Commissioner Annucci and Sergeant Joseph, ordered assistance in identifying the two John Doe defendants, and referred Louime to the legal clinic. The order did not decide the merits of Louime’s claim that he was denied participation in Jummah prayer.