Ellis v. Kush
- Subramanian
- 1:25-cv-01224
- U.S. District Court · Southern District of New York
- 1
In Ellis v. Kush, Judge Subramanian ordered Ellis to explain venue or consent to transfer; the court may transfer the case if he does neither.
Gilbert Ellis, the defendants named in the complaint, and the unidentified NYPD officers; the case's proper federal venue remains unresolved.
What happened
In Ellis v. Kush, Gilbert Ellis alleges that Officer Greene Kush falsely arrested him in Brooklyn based on allegations by Lynn Jerome and Paula Sinclair. He sued those defendants, the New York City Police Department, the City of New York, and unidentified officers.
The court noted that Ellis lives in Brooklyn and that the arrest occurred there. Because those facts may indicate that the case belongs in the federal court district covering Brooklyn, the court directed Ellis to explain by March 4, 2025, why the case should remain in the Southern District of New York.
Judge Arun Subramanian said Ellis could instead state that he agrees to transfer the case to the Eastern District of New York. If Ellis files nothing, the court may transfer the case on its own under the federal venue statute. The order did not decide whether Ellis's false-arrest claims have merit.
The detailed version
- Ellis v. Kush · No. 1:25-cv-01224
- Subramanian
- Feb. 13, 2025
Background
Pro se plaintiff Gilbert Ellis alleges that New York City Police Department Officer Greene Kush falsely arrested him on February 19, 2024, at the 63rd Precinct in Brooklyn, New York. Ellis alleges that the arrest was based on false allegations by Lynn Jerome and Paula Sinclair. He sued Kush, Jerome, Sinclair, the New York City Police Department, the City of New York, and unidentified NYPD officers allegedly involved in his arrest and prosecution.
Venue issue
The court addressed venue, meaning the proper federal district for the case. It stated that the general venue statute applies to claims under 42 U.S.C. § 1983 and generally permits a case to be brought where a defendant resides or where a substantial part of the events occurred. The complaint says that Ellis resides in Brooklyn and that his arrest occurred in Brooklyn.
Order
Judge Arun Subramanian directed Ellis to file a letter by March 4, 2025, explaining why venue is proper in the Southern District of New York. Alternatively, Ellis may state that he consents to transferring the case to the Eastern District of New York. If Ellis does not file a letter, the court may transfer the case on its own under 28 U.S.C. § 1406(a). The order did not rule on the merits of Ellis's false-arrest allegations or otherwise resolve his claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.