Fofana v. United States
- Laura Swain
- 1:25-cv-03581
- U.S. District Court · Southern District of New York
- 4
In Fofana v. United States, Judge Swain transferred the case from New York to Colorado without deciding its claims.
The action will proceed, if allowed to continue, in the United States District Court for the District of Colorado rather than the Southern District of New York. The transfer did not resolve Fofana’s underlying claims, and the Colorado court will decide whether she may proceed without prepaying fees.
What happened
Fofana v. United States is a lawsuit by Linda J. Fofana, who represented herself, against federal agencies, the United States, and Colorado Governor Jared Polis. She brought constitutional claims and claims under the Federal Tort Claims Act, describing events in several states.
The court said venue was proper in Colorado because Fofana lives there and most of the alleged events occurred there. Colorado also appeared more convenient because the parties, documents, and witnesses were there.
Judge Laura Taylor Swain ordered the case transferred to the United States District Court for the District of Colorado. She did not decide whether Fofana’s claims were valid; the New York court closed the case there, left the fee-prepayment question to the Colorado court, and denied permission to appeal without paying fees.
The detailed version
- Fofana v. United States · No. 1:25-cv-03581
- Laura Swain
- May 5, 2025
Background
Linda J. Fofana, proceeding without a lawyer, sued the United States, the Federal Bureau of Investigation, the United States Marshals Service, the Department of Justice, and Colorado Governor Jared Polis. She asserted federal constitutional claims and claims under the Federal Tort Claims Act. Fofana alleged that the defendants violated her rights in several states, including Colorado, Missouri, Utah, and the District of Columbia, and suggested that at least one event may have occurred in the Southern District of New York.
Venue and Transfer
The court explained that venue—the proper geographic location for a lawsuit—was available in Colorado for both types of claims. For the constitutional claims, federal law permits a case against federal officers or agencies to proceed where a defendant resides, where a substantial part of the events occurred, or, when real property is not involved, where the plaintiff resides. Federal Tort Claims Act cases may be brought where the plaintiff resides or where the relevant act or omission occurred.
The court found that Fofana resides in Colorado, that most of the events appeared to have occurred there, and that venue was therefore proper in the District of Colorado. It also stated that venue might be proper in New York, Missouri, Utah, and the District of Columbia. Under the federal transfer statute, a court may move a case to another proper district for the convenience of the parties and witnesses and in the interest of justice.
The court concluded that transfer was appropriate. It stated that Fofana and all defendants reside in Colorado, a substantial part of the events occurred there, and relevant documents and witnesses could reasonably be expected to be there. Colorado therefore appeared to be the more convenient forum.
Ruling and Effect
The court ordered the Clerk of Court to transfer the action to the United States District Court for the District of Colorado. It did not decide the merits of Fofana’s constitutional or Federal Tort Claims Act allegations. The court stated that the Colorado court would decide whether she could continue without prepaying filing fees. No summons would issue from the New York court, and the order closed the case in that court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.