Ruff v. Carter

Background

Bobbie Deanna Ruff filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local officials. She named Michigan State Representative Tyrone A. Carter; Shakesha Alexander, identified as a teacher at Stem Academy; John Doe, identified as a possible stalker or employee of DM Burr Group Security; and the City of River Rouge. Ruff alleged that the defendants violated her rights in River Rouge, Michigan, including through an alleged malicious prosecution after she confronted people she described as stalkers.

The opinion notes that Ruff had filed a prior related proceeding in the Eastern District of Michigan involving similar allegations and some of the same parties. The earlier proceeding concluded that her allegations lacked credibility and did not include facts sufficient to support more than a speculative claim. The court treated the present filing as a new action.

Venue Analysis

Federal law generally permits 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 personal jurisdiction. The court stated that Ruff did not identify the individual defendants’ residences, but alleged that the events occurred in River Rouge, where the individual defendants were employed. River Rouge is in Wayne County, within the Eastern District of Michigan.

Based on the complaint, the court concluded that venue was not proper in the Southern District of New York. The court determined that the case could have been brought in the Eastern District of Michigan.

Ruling

Under 28 U.S.C. § 1406, a court may dismiss a case filed in the wrong venue or transfer it to a district where it could have been brought when transfer serves the interest of justice. The court transferred this action to the United States District Court for the Eastern District of Michigan rather than dismissing it.

The Clerk of Court was directed to transfer the action, issue no summons from the Southern District of New York, terminate all pending motions, and close the case. The court stated that the transferee court would decide whether Ruff could proceed without prepaying filing fees. It also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.