Kenyatta Jr. v. Lakeview Correctional Facility

Background

Charles Kenyatta Jr., who is incarcerated at Lakeview Shock Incarceration Correctional Facility in Chautauqua County, New York, filed this action without a lawyer. He asserted constitutional-rights claims under 42 U.S.C. § 1983, a federal law that permits claims against certain government officials. He named Lakeview Superintendent Andrea Schneider, Deputy Superintendent Ortiz, Offender Rehabilitation Coordinator Weaver, and Commissioner Martuscello of the Department of Corrections and Community Supervision as defendants.

Venue and Transfer

Venue means the federal district where a case may properly be heard. The court said it was unclear whether venue was proper in the Southern District under the rule based on defendants’ residences because the complaint did not state where the defendants reside. But the court concluded that venue was proper in the Western District under the rule tied to where a substantial part of the events occurred: Kenyatta Jr. alleged that the defendants violated his rights at Lakeview, in Chautauqua County.

The court also applied the federal transfer statute, 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. It found that the underlying events occurred at Lakeview, where Kenyatta Jr. was incarcerated and most defendants were located. The court therefore expected relevant documents and witnesses to be in Chautauqua County and concluded that the Western District appeared to be the more convenient forum.

Disposition

The court transferred the action to the United States District Court for the Western District of New York. The Clerk of Court was directed to make the transfer. The order closed the case in the Southern District of New York, and a summons was not to issue from that court. The Western District will decide whether Kenyatta Jr. may proceed without prepaying fees. Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not decide the merits of Kenyatta Jr.’s constitutional claims.