Henry v. Hill-Lilly

Background

Levar T. Henry, who is incarcerated at Sing Sing Correctional Facility and is representing himself, brought an action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state officials. He alleged that Jodi Hill-Lilly, Commissioner of the Connecticut Department of Children and Families, and Alyssa Burroughs, a department social worker, violated his rights concerning paternity and child-custody proceedings in Connecticut.

The opinion states that Henry did not plead the defendants’ residences, but alleged that they worked for the Connecticut Department of Children and Families in Bridgeport, Connecticut. The court explained that venue may be proper where a substantial part of the events occurred. It determined that the operative events occurred in Connecticut and that the District of Connecticut was a district where the action could have been brought.

Transfer Analysis

The court applied 28 U.S.C. § 1404(a), which permits transfer to another federal district when doing so serves the convenience of the parties and witnesses and the interests of justice. The court considered that the underlying events occurred in Connecticut, Burroughs worked there, Hill-Lilly served as commissioner of a Connecticut state agency, and relevant witnesses and documents could reasonably be expected to be located there.

Disposition

The court transferred the action to the United States District Court for the District of Connecticut. The clerk was directed to carry out the transfer. The Southern District of New York closed the case, and no summons was to issue from that court. The opinion states that whether Henry may proceed without prepaying filing fees would be decided by the receiving court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide whether Henry’s underlying claims were valid.