Chapman v. U.S. Depmiment of Housing and Urban Development

Background

Tasha Chapman, proceeding without a lawyer, brought claims against the U.S. Department of Housing and Urban Development, Consultant to Government, Inc., Justin Davis, Felicia Holland, and the United States Attorney General’s Office. Chapman stated that she was residing in a homeless shelter in the Bronx. She alleged that the defendants violated federal law and the Ohio Constitution concerning housing assistance she sought from the Department of Housing and Urban Development and the Columbus Metropolitan Housing Authority while she resided in Columbus, Ohio.

Venue analysis

The court applied the general federal venue statute, 28 U.S.C. § 1391. It explained that venue may be proper where a defendant resides, where a substantial part of the events occurred, or, in certain cases involving a federal agency or official and no real property, where the plaintiff resides.

Chapman did not identify the defendants’ residences, but she provided Columbus, Ohio, employment addresses for Consultant to Government, Inc., Davis, and Holland. The court stated that the events underlying the claims occurred in Columbus. It also stated that venue was likely proper in the Southern District of Ohio because the events occurred there, and might also be proper in the Southern District of New York if Chapman was considered domiciled in the Bronx and her claims did not involve real property.

Transfer decision

Under 28 U.S.C. § 1404(a), a court may transfer a case, even when venue is proper, to another district for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer appeared appropriate because the underlying events occurred in Columbus, the federal defendants resided there, the other defendants worked there, and relevant documents and witnesses were reasonably expected to be located there. The court also noted that a search of the federal court records showed that Chapman had filed earlier related actions in the Southern District of Ohio involving some of the same defendants and similar claims.

The court directed the Clerk of Court to transfer the action to the United States District Court for the Southern District of Ohio. It stated that the Ohio court would decide whether Chapman could continue without prepaying filing fees. The court directed that no summons issue from the Southern District of New York and stated that the order closed the case in that court. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order.