Gu v. Didonato

Background

Feifei Gu filed this action without a lawyer against Vincent James Didonato III and the United States of America. The opinion says Gu asserted claims under the Federal Tort Claims Act, a federal law that permits certain tort claims against the United States. Gu resides in Brooklyn, New York, and alleged that the acts or omissions underlying the claims occurred there.

Venue analysis

The court applied 28 U.S.C. § 1402(b), which provides that Federal Tort Claims Act claims may be prosecuted only in the federal district where the plaintiff resides or where the complained-of act or omission occurred. The court determined that Kings County, where Brooklyn is located, is within the Eastern District of New York. It therefore concluded that the Eastern District of New York was a proper venue.

The court also cited 28 U.S.C. § 1406(a), which allows a court to dismiss a case filed in the wrong venue or, when the interests of justice favor that result, transfer it to a district where the case could have been brought. In a footnote, the court said it was not deciding whether Gu’s allegations could instead be understood as claims under 42 U.S.C. § 1983. It noted only that the Eastern District of New York would also be an appropriate venue for any such claims because the events occurred in Brooklyn.

Ruling and effect

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order closed the action in the Southern District of New York, stated that a summons would not issue from that court, and left the question whether Gu could proceed without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied the ability to proceed without prepaying fees for purposes of an appeal.