Seabrooks v. Annucci

Background

Ivan Seabrooks, who is incarcerated at Sing Sing Correctional Facility, filed this self-represented case under 42 U.S.C. § 1983. He alleges that the defendants denied him the right to participate in a Jumah prayer service at Sing Sing on April 14, 2023. He names Acting Commissioner Anthony Annucci in his official capacity, Sergeant Joseph, an unnamed officer in charge, and an unnamed escorting officer. The amended complaint filed on September 8, 2023, is the operative pleading.

The court had previously allowed Seabrooks to proceed without prepaying filing fees. Because he was proceeding without prepaying fees, the court explained that the U.S. Marshals Service would handle service of process after the court issued the summonses.

Service and Identification of Defendants

The court directed the Clerk of Court to issue summonses and prepare the necessary U.S. Marshals Service forms for service on Acting Commissioner Annucci and Sergeant Joseph. The court stated that service must occur within 90 days after the summonses are issued, and that Seabrooks should request an extension if service is not completed within that period.

The court also directed the New York State Attorney General’s Office to identify the two unnamed correctional officers: the officer in charge of Seabrooks’s housing unit on April 14, 2023, and the officer who escorted him to Jumah services that day. The Attorney General’s Office must provide the officers’ identities, badge numbers, and service addresses to the court and Seabrooks within 60 days of the order.

After receiving that information, Seabrooks must file a second amended complaint naming the officers within 30 days. The second amended complaint will replace, rather than add to, the current amended complaint. The court will then screen the second amended complaint and address service of the newly named defendants if necessary.

Request for Counsel

Seabrooks asked the court to request a volunteer lawyer. The court considered the early stage of the case and stated that it could not conclude that the claims were likely to have merit at that point. Judge Cathy Seibel denied the motion for counsel without prejudice to renewal at a later date.

The court referred Seabrooks to the New York Legal Assistance Group Clinic, which may provide limited assistance to people representing themselves in civil cases. The court emphasized that the clinic is not part of the court and that Seabrooks would remain responsible for filing documents and meeting deadlines.

Result

The order directed service on Anthony Annucci and Sergeant Joseph, directed the Attorney General’s Office to help identify the two unnamed officers, and denied Seabrooks’s motion for pro bono counsel without prejudice to renewal. It did not decide the merits of Seabrooks’s claim that his participation in Jumah services was unlawfully denied.