Campbell v. Annucci

Background

Robert Campbell, who was incarcerated at Sing Sing Correctional Facility and was representing himself, brought claims under 42 U.S.C. § 1983, the First and Fourteenth Amendments, and the Religious Land Use and Institutionalized Persons Act. He alleged that the defendants denied him the ability to practice Rastafarian culture, improperly established “Rasta Prayer,” and denied a congregational “Jumah Prayer Service.” The action originally included 30 incarcerated people, but the court previously separated their claims into individual cases.

Captain Nixon

The court dismissed Campbell’s claims against Captain Nixon under the prisoner-screening statute, 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim on which relief may be granted. The court explained that a claim under Section 1983 requires facts showing the defendant’s direct and personal involvement in the alleged constitutional violation. Campbell did not allege that Captain Nixon was involved in the events of April 14, 2023. The court also explained that a supervisor cannot be held liable solely because someone the supervisor oversees allegedly violated a person’s rights.

Unidentified Defendants

The court directed the Clerk, under Federal Rule of Civil Procedure 21, to substitute former Correction Officer Pamela Chumney for the John Doe described as the officer in charge of Housing Block A during the 7:00 a.m. to 3:00 p.m. shift on April 14, 2023. The opinion’s discussion initially refers to this person as “Patricia Chumney,” but the substitution order and conclusion identify the replacement defendant as Pamela Chumney. The substitution was without prejudice to defenses Chumney might assert.

The court declined at that time to issue an order seeking the identity of the John Doe described as the officer who escorted the Jumah service. The Attorney General’s Office had stated that this officer could not be identified.

Service and Other Directions

Because Campbell had permission to proceed without prepaying the filing fee, the court directed the Clerk to issue summonses and provide the necessary paperwork to the U.S. Marshals Service for service on Acting Commissioner Anthony Annucci, Correctional Sergeant B. Joseph, and former Correction Officer Pamela Chumney. The court stated that service must occur within 90 days after the summonses are issued, unless Campbell requests an extension. It also directed Campbell to notify the court in writing of any address change and referred him to the New York Legal Assistance Group’s clinic for people representing themselves in civil cases.

Disposition

The court dismissed Campbell’s claims against Captain Nixon. It ordered substitution of Pamela Chumney for the John Doe housing-block officer, declined at that time to order identification of the escorting officer, and ordered the issuance of summonses for Annucci, Joseph, and Chumney. Judge Cathy Seibel did not enter a final ruling on the remaining allegations in this order.