Bass v. National Survey on Drug Use and Mental Health National Institute of…

Background

Ronald Bass, Sr. filed the action without a lawyer. He sought what the court understood to be orders requiring defendants to do something and declarations about the parties’ rights. The defendants included federal agencies and officials, what appeared to be public and private entities and individuals located in New Jersey, and the State of New Jersey. The action arose from hospitalizations and/or medical treatment Bass received in New Jersey.

The court interpreted the complaint as asserting claims under the Administrative Procedure Act against the federal agencies and federal officials; claims under 42 U.S.C. § 1983 against New Jersey and any named New Jersey state or local officials or entities; and state-law claims against New Jersey, named state or local officials or entities, and named private individuals or entities.

Venue analysis

For the Administrative Procedure Act claims, the court applied 28 U.S.C. § 1391(e)(1). It found that the District of New Jersey was a proper venue because a substantial part, if not all, of the events involving the federal defendants appeared to have occurred there. The court also found that Bass resided in New Jersey and that no real property appeared to be involved, providing another basis for venue there. The court said it remained unclear whether the Southern District of New York was a proper venue for the Administrative Procedure Act claims because Bass did not appear to allege where the federal agencies or officials resided.

For the claims under § 1983 and state law, the court applied 28 U.S.C. § 1391(b). It found that the District of New Jersey was a proper venue because Bass alleged that a substantial part of the events involving the remaining defendants occurred there. It remained unclear whether the Southern District of New York was proper under the provision concerning defendants’ residence because Bass did not allege where those defendants resided.

Transfer ruling

Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when doing so would serve the convenience of the parties and witnesses and the interests of justice. The court determined that transfer appeared appropriate because the underlying events occurred in New Jersey and relevant documents and witnesses could reasonably be expected to be there. It therefore transferred the action to the United States District Court for the District of New Jersey.

The court directed the clerk to transfer the action and stated that the receiving court would decide whether Bass could proceed without prepaying fees. Summonses were not to issue from the Southern District of New York, and the order closed the action 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. The order transferred the case without deciding the underlying claims.