v. Marion County Small Claims Courts

Background

Jibola Ojo, who appeared without a lawyer, sued the Marion County Small Claims Court over events connected to his eviction from an apartment in Indianapolis, Indiana. Ojo’s complaint identified “civil rights,” “racism,” “sabotage,” and “theft” as the bases for his claims, but did not specify which federal court jurisdictional basis applied or which civil rights were allegedly violated. He alleged that the small claims court sent the “Police Authority” to evict him. He sought $1 million in damages and a new vehicle.

Venue Analysis

The court applied 28 U.S.C. § 1391, the federal venue statute. It explained that a civil case generally may be filed where a defendant resides, where a substantial part of the relevant events occurred or the relevant property is located, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction.

The court concluded from the complaint that venue was not proper in the Southern District of New York because Ojo’s claims concerned events and property in Indianapolis, where the defendant was located. Marion County, Indiana, is in the Southern District of Indiana, so the court determined that venue was proper there.

Ruling

Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when doing so serves the interests of justice. The court transferred the action to the United States District Court for the Southern District of Indiana. The New York court’s clerk was directed to make the transfer; the court stated that the transferee court would decide whether Ojo could proceed without prepaying filing fees. The New York court also directed that no summons issue and closed the case in that court.

The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion decided where the case should proceed, not whether Ojo’s underlying allegations were legally valid.