Bellevue v. The City of New York

Background

Michael Bellevue, who is incarcerated on Rikers Island and is proceeding without a lawyer, filed an action under 42 U.S.C. § 1983. He alleged that the defendants arrested him “on a cancelled perp Icard [sic]” and “illegally indicted” him. The defendants named in the complaint were the City of New York; Kings County Detective Alan Peratovic; Kings County Judges Adam Perlmutter, Dereyster Daniels, and Matthew Sciarno; Kings County Assistant District Attorney Carly Muth; and criminal defense lawyers Salaway Forrest and Darren Stern. Bellevue alleged that the events occurred in Brooklyn, Kings County, New York.

Venue and Transfer

Venue is the federal district where a case may properly be litigated. The court explained that venue may be proper where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s authority. Because Bellevue did not allege the residences of all defendants, the court said it was unclear whether venue was proper under the residence-based provision in 28 U.S.C. § 1391(b)(1). The court found, however, that venue was proper in the Eastern District of New York because the alleged events occurred in Kings County, which is within that district.

Under 28 U.S.C. § 1404(a), a court may transfer a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer was appropriate because the underlying events occurred in Kings County, where Bellevue’s criminal proceedings were pending, and it was reasonable to expect that relevant documents and witnesses would also be there. The court therefore transferred the action to the United States District Court for the Eastern District of New York. The opinion did not resolve the merits of Bellevue’s arrest or indictment allegations.

Additional Orders and Disposition

The court directed the Clerk of Court to transfer the action and stated that no summons would issue from the Southern District of New York. The order closed the case in that district. The court also directed the Clerk to terminate Bellevue’s application asking the court to request pro bono counsel, leaving that decision to the Eastern District of New York. Whether Bellevue could proceed without prepaying fees was likewise left to the transferee court. Finally, the court certified that an appeal would not be taken in good faith and denied fee-free status for an appeal from the order. Chief United States District Judge Laura Taylor Swain signed the order.