Johnson v. New York State Parole Division
- Laura Swain
- 1:25-cv-03952
- U.S. District Court · Southern District of New York
- 4
In Johnson v. New York State Parole Division, Judge Swain transferred Johnson’s civil-rights action to the Eastern District of New York because Kings County was more convenient.
Demond Johnson’s case was moved from the Southern District of New York to the Eastern District of New York. The transferee court will decide whether he may proceed without prepaying fees.
What happened
In Johnson v. New York State Parole Division, Demond Johnson, who is representing himself, alleged that a Brooklyn parole office kept him detained for seven days after a preliminary parole revocation hearing found him not guilty. He sought money damages.
Judge Swain concluded that venue—the proper federal court location—might not be proper in the Southern District of New York. The alleged events involved the Brooklyn office and Kings County, where relevant documents and witnesses were expected to be located, making the Eastern District of New York a more convenient forum.
The court transferred the action to the United States District Court for the Eastern District of New York under the federal transfer statute. Judge Swain also denied fee-free status for any appeal, and the case was closed in the Southern District of New York.
The detailed version
- Johnson v. New York State Parole Division · No. 1:25-cv-03952
- Laura Swain
- May 16, 2025
Background
Demond Johnson, who is detained on Rikers Island and is proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleged that the Brooklyn Parole Division left him incarcerated for seven days after a preliminary parole revocation hearing at which he was found not guilty. He sought money damages for those seven days in custody.
The court described the defendant as a Brooklyn office of the New York State Department of Corrections and Community Supervision serving Kings County.
Venue and Transfer
Venue means the federal district where a civil action may properly be heard. The court stated that venue might not be proper in the Southern District of New York. It reasoned that Johnson did not appear to name a defendant residing in that district and that the events giving rise to his claims occurred at the defendant’s Brooklyn office. The court also noted that, even if the parole hearing occurred on Rikers Island, venue could be proper in either the Southern or Eastern District because those locations involve areas shared by the two districts for venue purposes.
Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when the transfer would be more convenient for the parties and witnesses and serve the interest of justice. The court found transfer appropriate because the events concerned Kings County proceedings and it was reasonable to expect that relevant documents and witnesses would be located there.
Disposition
The court transferred the action to the United States District Court for the Eastern District of New York under § 1404(a). The Clerk of Court was directed to carry out the transfer. The court stated that the transferee court would decide whether Johnson could continue without prepaying filing fees, and no summons would issue from the Southern District of New York. The order closed the case 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. Judge Laura Taylor Swain signed the order on May 16, 2025.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.