Moments v. Doe

Background

Betta Moments, who is currently incarcerated at Washington Correctional Facility, filed this self-represented action under 42 U.S.C. § 1983. She alleges that her constitutional rights were violated when she was incarcerated at Ulster Correctional Facility in Ulster County, New York. The defendant is identified as C.O. Jane Doe, a correctional officer whom Moments alleges harassed her.

Venue and Transfer

The court explained that federal law permits a civil action to proceed in a district where a substantial part of the events occurred. Moments did not provide Jane Doe’s residence because Doe is an unidentified defendant. The court therefore could not determine whether venue was proper in the Southern District of New York based on the defendant’s residence. But the alleged events occurred at Ulster Correctional Facility, which is in the Northern District of New York, making venue proper there.

The court also considered transfer under 28 U.S.C. § 1404(a), which allows a court to move a case to another district for the convenience of the parties and witnesses and in the interest of justice. It found that transfer was appropriate because the underlying events occurred at Ulster Correctional Facility, where Jane Doe was employed, and where the relevant documents and witnesses were reasonably expected to be located.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. It directed the Clerk of Court to carry out the transfer, stated that a summons would not issue from the Southern District, and closed the case there. The transferee court will decide whether Moments may proceed without prepaying fees. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order transferred the case without deciding the merits of Moments’s constitutional claims.