Moore v. City of Baltimore

Background

Ali Moore, who resides in Baltimore, Maryland, brought this action without a lawyer. He named the City of Baltimore, federal agencies, current or former federal officials, the New York City Police Department, and unnamed New York City police officers as defendants. He asserted claims under 42 U.S.C. §§ 1981, 1983, and 1985, the Racketeer Influenced and Corrupt Organizations Act, and the Federal Tort Claims Act. Moore alleged that his claims arose from an April 21, 2023 interaction with an unknown woman in Maryland who appeared to be involved in what he called a “covert vetting process.”

Venue analysis

Venue is the proper federal district in which a civil action may be heard. The court reviewed the general venue statute and the separate venue rules for claims against federal officers or agencies, civil RICO claims, and Federal Tort Claims Act claims. Those rules generally allow suit where a defendant resides or conducts business, where a substantial part of the events occurred, or, for some claims, where the plaintiff resides.

The court found that the District of Maryland was a proper venue for all of Moore’s claims because Moore resided there and the events giving rise to the claims occurred there. Although Moore named the New York City Police Department and unnamed New York City police officers, he did not allege facts about those defendants’ actions or about events occurring in the Southern District of New York. The court also noted that the New York City Police Department cannot be sued as a separate agency under the cited precedent.

Ruling

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the District of Maryland under 28 U.S.C. §§ 1404(a) and 1406. The order closed the case in the Southern District of New York, and no summons would issue from that court. The Maryland court would decide whether Moore could proceed without prepaying filing fees. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.