Burnett v. Coppolai
- Laura Swain
- 1:25-cv-00456
- U.S. District Court · Southern District of New York
- 3
In Burnett v. Coppolai, Chief Judge Swain transferred the excessive-force case to the Northern District of New York because the events occurred there.
Tony Burnett's case was moved from the Southern District of New York to the Northern District of New York. The four correction officers he sued, along with the documents and witnesses connected to Marcy Correctional Facility, are affected by the change in forum. The merits of Burnett's claims were not decided.
What happened
In Burnett v. Coppolai, Tony Burnett, who is incarcerated and representing himself, sued four correction officers over alleged excessive force at Marcy Correctional Facility. He claimed the conduct violated the Eighth Amendment.
The court explained that venue was proper in the Northern District of New York because Marcy Correctional Facility is in Oneida County and the events occurred there. It also found that documents and witnesses would likely be located there, making that district more convenient.
Chief Judge Laura Taylor Swain transferred the case to the Northern District of New York under the federal transfer statute. The Southern District of New York case was closed, and the court denied fee-free appeal status because it certified that an appeal would not be taken in good faith; the transferee court will decide whether Burnett may continue without paying filing fees.
The detailed version
- Burnett v. Coppolai · No. 1:25-cv-00456
- Laura Swain
- Jan. 21, 2025
Background
Tony Burnett, who is incarcerated at Greene Correctional Facility and proceeding without a lawyer, brought claims against four individuals identified as correction officers at Marcy Correctional Facility. Burnett alleged that correction officers used excessive force against him there on November 10, 2022, violating the Eighth Amendment.
Venue Analysis
The court considered the federal venue statute, which generally allows a civil case to proceed 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.
The court said it was unclear whether venue was proper in the Southern District of New York based on the defendants' residences because the complaint did not state where they lived. Venue also did not appear proper there based on the location of the events. Marcy Correctional Facility is in Oneida County, which is in the Northern District of New York. The court therefore concluded that the Northern District was a proper venue because that is where the claims arose.
Transfer Decision
The court also applied the federal transfer statute, which permits moving a case for the convenience of the parties and witnesses and in the interest of justice. It found that the underlying events occurred in Oneida County and reasonably expected that relevant documents and witnesses would be at Marcy Correctional Facility. The court considered the Northern District of New York a more convenient forum and gave Burnett's choice of the Southern District less weight because the opinion stated that nothing indicated he lived there and the events did not occur there.
Disposition
The court transferred the action to the United States District Court for the Northern District of New York. The order closed the case in the Southern District of New York, directed the clerk to transfer it, and stated that a summons would not issue from that court. The transferee court will decide whether Burnett may proceed without prepaying fees. The court also denied fee-free status for an appeal after certifying that any appeal would not be taken in good faith. The opinion did not decide whether excessive force occurred or whether Burnett's Eighth Amendment claims are valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.