John v. 83rd Precinct

Background

Leroy John brought this action without a lawyer against the “83rd Precinct” of the New York City Police Department. The opinion states that he was detained at the Otis Bantum Correctional Center on Rikers Island and that his claims arose in Brooklyn. John alleged that, while retrieving property from a former household on Decatur Street under a court-approved police escort, he was “accused as a terrorist” and arrested in the 83rd Precinct in Brooklyn.

Venue and Transfer

The court explained that federal law generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Brooklyn is in Kings County, which is in the Eastern District of New York. The court concluded that venue for John’s claims was proper in the Eastern District under the rule covering the location of the events.

The court also considered whether to transfer the case for the convenience of the parties and witnesses and in the interest of justice. It found that the underlying events occurred in Brooklyn, where John resides, and that relevant witnesses and documents would reasonably be expected to be in Kings County. Because John did not reside in the Southern District and the events did not occur there, the court gave less weight to his choice of that forum.

Ruling

Judge Laura Taylor Swain transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). The Clerk of Court was directed to transfer the action, the Southern District stated that a summons would not issue from that court, and the order closed the case there. The court left the question of whether John could proceed without paying filing fees to the transferee court. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the underlying claims.