Alexander v. The City of New York
- Ronnie Abrams
- 1:25-cv-00284
- U.S. District Court · Southern District of New York
- 7
In Zion Alexander v. City of New York, Judge Marutollo transferred the civil-rights case to the Southern District of New York without deciding its merits.
Zion Alexander’s civil-rights case was moved from the Eastern District of New York to the Southern District of New York. The merits of his claims were left undecided, and the transferee court was left to address the filing-fee issue.
What happened
In Zion Alexander v. City of New York, Zion Alexander, who was incarcerated on Rikers Island and represented himself, sued under a federal civil-rights law. He alleged injuries and constitutional violations related to treatment at Bellevue Hospital and while incarcerated on Rikers Island.
The Eastern District of New York transferred the case to the Southern District of New York. It found that the events occurred in locations within the Southern District and that fairness, efficiency, and the interests of justice favored transfer.
Judge Marutollo did not decide whether Alexander’s claims were valid. The transferee court was left to address the filing fee or request to proceed without paying it, and summonses were not issued by the Eastern District court.
The detailed version
- Alexander v. The City of New York · No. 1:25-cv-00284
- Ronnie Abrams
- Jan. 8, 2025
Background
Zion Alexander, who was incarcerated at the George R. Vierno Center on Rikers Island and represented himself, filed a civil-rights action under 42 U.S.C. § 1983. He alleged that he suffered cuts, stomach ulcers, acute kidney damage, memory loss, and trauma from treatment at Bellevue Hospital and during his incarceration on Rikers Island.
Alexander alleged that he attempted suicide by ingesting 10 to 15 pills on November 27, 2024, while incarcerated on Rikers Island. He said he was taken to Bellevue Hospital, where two doctors briefly assessed him, interrupted him, and released him despite his statements that he felt unsafe, confused, and continued to have suicidal thoughts. He sought declaratory relief, an order requiring action, and damages.
Transfer of Venue
The court transferred the action from the Eastern District of New York to the Southern District of New York. Under federal venue law, a case may be transferred when it was filed in the wrong district or when transfer would serve convenience and the interests of justice. The court considered transfer under both 28 U.S.C. § 1406(a) and 28 U.S.C. § 1404(a), including on the court’s own initiative.
The court found that the events at Bellevue Hospital occurred in New York County, within the Southern District of New York. It also found that Rikers Island is within the Southern District for venue purposes. The court concluded that Alexander’s claims could have been brought in the Southern District.
Applying the convenience factors for transfer, the court found that eight of nine factors favored transfer. The only factor that might weigh against transfer was Alexander’s choice of forum, but the court found that choice was not decisive because the operative facts were not tied to the Eastern District. The court therefore concluded that transfer was appropriate.
Disposition
The court directed the Clerk to transfer the case to the United States District Court for the Southern District of New York. It reserved for the transferee court the issue of Alexander’s failure to pay the filing fee or request permission to proceed without paying it. The court stated that it expressed no opinion on the merits of the claims, waived the usual seven-day delay before transfer, and directed that summonses not issue from the Eastern District of New York.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.