Etuk v. New York City Police Dept.
- Laura Swain
- 1:24-cv-04955
- U.S. District Court · Southern District of New York
- 4
In Etuk v. New York City Police Dept., Judge Swain transferred the case to the Eastern District of New York because the events occurred in Brooklyn.
Akaniyene William Etuk and the named defendants are affected by the transfer of the action from the Southern District of New York to the Eastern District of New York; the transferee court will decide whether Etuk may proceed without prepaying fees.
What happened
In Etuk v. New York City Police Dept., Akaniyene William Etuk, representing himself, alleged that unidentified New York City police officers approached him at his Brooklyn home with guns drawn, handcuffed him tightly, and took him to Brookdale University Hospital. He also said he later filed a complaint with the Civilian Complaint Review Board.
The court explained that the alleged events primarily occurred in Brooklyn, which is in the Eastern District of New York. It also noted that Etuk could not identify the residences of the unidentified officers, and that the New York City Police Department and the Civilian Complaint Review Board generally cannot be sued as separate city agencies.
Judge Laura Taylor Swain transferred the action to the Eastern District of New York for convenience and in the interest of justice. The Southern District of New York closed the case, did not issue a summons, and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Etuk v. New York City Police Dept. · No. 1:24-cv-04955
- Laura Swain
- July 10, 2024
Background
Akaniyene William Etuk filed this case without a lawyer. He alleged that unidentified police officers from the New York City Police Department approached him at his Brooklyn residence with guns drawn, placed him in tightly fastened handcuffs, and transported him to Brookdale University Hospital in Brooklyn. He also alleged that he filed a complaint with the Civilian Complaint Review Board. The defendants named in the complaint were the New York City Police Department, Brookdale University Hospital, the Civilian Complaint Review Board, and unidentified officers.
Venue analysis
Venue rules identify where a federal civil case may be heard. The court noted that the New York City Police Department and the Civilian Complaint Review Board lack the legal capacity to be sued as separate agencies. The court said that, if those claims were treated as claims against the City of New York, the Southern District of New York might be a proper venue under the rule concerning a defendant’s residence. But the court could not determine that venue was proper there because Etuk could not plead the residences of the unidentified officers.
The court concluded that venue was proper in the Eastern District of New York because the events giving rise to the claims primarily occurred in Brooklyn, which is within that district. The allegations about Etuk’s complaint to the Civilian Complaint Review Board were not a substantial part of the events underlying his claims.
Transfer and disposition
The court also considered whether transfer was appropriate for the convenience of the parties and witnesses and in the interest of justice. It found that the underlying events occurred in Brooklyn, where Etuk resides, and that relevant documents and witnesses would likely be located there. The court therefore transferred the action to the United States District Court for the Eastern District of New York.
The Clerk was directed to transfer the action. The court stated that the transferee court would decide whether Etuk could continue without prepaying fees. A summons was not issued by the Southern District of New York, and that court’s order closed the case. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order addressed venue and transfer; it did not decide the truth of Etuk’s allegations or the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.