DeJesus v. Annucci

Background

Hector L. DeJesus, who is incarcerated at Sing Sing Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleges that 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.

The operative pleading is DeJesus’s amended complaint filed on September 9, 2023. The opinion states that Chief Judge Laura Taylor Swain had granted DeJesus permission to proceed without prepaying filing fees.

Service on Named Defendants

Because DeJesus was allowed to proceed without prepaying fees, the court directed the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve Acting Commissioner Annucci and Sergeant Joseph. The court stated that if service is not completed within 90 days after the summonses are issued, DeJesus should request additional time.

The court also instructed DeJesus to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Identifying the John Doe Defendants

The court found that DeJesus had provided enough information to allow the New York State Attorney General to identify the two unidentified correction officers: the officer in charge of his housing unit on April 14, 2023, and the officer who escorted him to Jummah services that day.

The court ordered the Attorney General to provide the officers’ identities, badge numbers, and service addresses to DeJesus and the court within 60 days. DeJesus must then file a second amended complaint naming those officers within 30 days after receiving the information. The second amended complaint will replace, rather than supplement, the amended complaint. The court will screen that pleading and, if appropriate, arrange for service.

Request for Free Legal Representation

DeJesus asked the court to request a volunteer lawyer. The court considered the factors applicable to such requests, including the apparent merits of the case, DeJesus’s efforts to obtain a lawyer, and his ability to investigate and present the case without assistance. The court stated that it could not conclude at this stage that his claims were likely to have merit.

The court denied DeJesus’s motion for the court to request pro bono counsel without prejudice to renewal at a later date. The order therefore did not bar DeJesus from making another request later.

Legal Clinic Referral and Disposition

The court informed DeJesus that he may consult the New York Legal Assistance Group’s Pro Se Clinic, a private organization that is not part of the court. The clinic may provide limited-scope assistance, but DeJesus would remain responsible for his case and filings.

The order directed service on Acting Commissioner Annucci and Sergeant Joseph, directed the Attorney General to help identify the two John Doe defendants, and denied DeJesus’s motion for the court to request pro bono counsel without prejudice to renewal. The court did not decide the merits of DeJesus’s civil-rights allegations. The classification is procedural because the order addressed service, defendant identification, and a request for counsel rather than whether the alleged denial of prayer violated the law.