Markuson v. City of New York

Background

Brian Markuson, who the opinion says resides in Brooklyn, New York, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims that certain constitutional rights were violated by state or local actors. He named the City of New York, unnamed New York City Police Department officers, unnamed Fire Department of New York personnel, and other unknown individuals as defendants. He alleged that the defendants violated his federal constitutional rights in Brooklyn.

Venue

The court explained that venue—the proper federal district for a case—was available in the Eastern District of New York because the alleged events occurred in Brooklyn, Kings County, which is in that district. Venue was also proper in both districts based on the City of New York's presence in each district.

Under 28 U.S.C. § 1404(a), a court may transfer a case to another proper district for the convenience of the parties and witnesses and in the interest of justice. The court found that transfer was appropriate because the events occurred in Brooklyn, Markuson's residence was there, the individual defendants were likely employed there, and the relevant documents and witnesses could reasonably be expected to be there. It concluded that the Eastern District appeared to be the more convenient forum.

Ruling

The court transferred the action to the United States District Court for the Eastern District of New York. The Clerk was directed to transfer the action, the Southern District court said that a summons would not issue from that court, and the order closed the case in the Southern District. The Eastern District was left to decide whether Markuson could continue without paying filing fees.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. This order addressed venue and transfer; it did not decide the merits of Markuson's constitutional claims.