Lurch v. NYSDOCCS

Background

Robert Derek Lurch Jr. appears without a lawyer and alleges that his federal constitutional rights were violated. He seeks damages and names the New York State Department of Corrections and Community Supervision (DOCCS), a housing-unit officer, officers who allegedly helped detain him, and an officer who allegedly monitored the housing area during the incident. The court construed the complaint as asserting claims under 42 U.S.C. § 1983. Lurch alleges that the events occurred at Queensboro Correctional Facility in Queens County, New York.

Venue analysis

The court explained that federal law generally permits a civil action to proceed in a district 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. Lurch did not allege where the individual defendants reside, so the court could not determine whether the Southern District was a proper venue under the residence-based provision.

The court found that the Eastern District of New York was a proper venue because Queens County is within that district and the alleged events occurred at Queensboro. The court also applied the convenience-transfer statute, which permits transfer to another federal district for the convenience of the parties and witnesses and in the interest of justice. It determined that transfer was appropriate because the events occurred in Queens County, the individual defendants were alleged to be assigned there, and relevant documents and witnesses could reasonably be located there.

Disposition

The court directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York. It did not decide the merits of Lurch’s constitutional claims. The court stated that whether Lurch could proceed without paying fees would be decided by the Eastern District, that summonses would not issue from the Southern District, and that the order closed the action in that court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.