Price v. Annucci

Background

Trevor Price, who is incarcerated at Sing Sing Correctional Facility, filed this self-represented lawsuit under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act. He alleges that he was not allowed to attend a Jumah service on April 14, 2023.

The original complaint was filed by 30 people incarcerated at Sing Sing, who sought to proceed as a class and requested free legal representation. Chief Judge Laura Taylor Swain later separated each person’s claims into a new case and stated that each plaintiff would need to provide facts about the denial affecting that plaintiff. The court had granted Price permission to proceed without paying filing fees upfront, although the opinion notes that incarcerated plaintiffs remain responsible for the filing fee under the applicable statute.

Service of Process

Because Price was allowed to proceed without prepaying fees, the court directed the Clerk’s Office and the U.S. Marshals Service to handle service of the amended complaint. The Clerk’s Office was instructed to prepare service forms, issue summonses, and send the necessary papers to the Marshals Service for service on Acting Commissioner Anthony Annucci, Correctional Sergeant B. Joseph, and former Correction Officer Pamela Chumney.

The court extended the service deadline so that service must occur within 90 days after the summonses are issued. It stated that Price should request an extension if service is not completed within that period. The court also reminded Price to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.

Unnamed Defendant

The complaint also names a John Doe escorting officer. The New York State Attorney General had stated in the related earlier proceeding that the officer described as the Jumah service escort could not be identified. The court therefore declined, at this time, to issue an order seeking that officer’s identity.

Other Directions and Result

The court referred Price to the New York Legal Assistance Group’s Pro Se Clinic, which may provide limited-scope assistance but is not part of the court and does not automatically become counsel of record. The Clerk’s Office was also directed to mail Price an information package.

This was an order concerning service and available assistance. The court did not decide the merits of Price’s allegations or whether his claims under Section 1983 or the Religious Land Use and Institutionalized Persons Act will succeed. The opinion contains a naming discrepancy: the case caption identifies Chumney as “Patricia Chumney,” while the service discussion, conclusion, and service-address list identify the defendant as “Pamela Chumney.”