Wilson v. Facebook.com
- Laura Swain
- 1:25-cv-05255
- U.S. District Court · Southern District of New York
- 4
In Wilson v. Facebook.com, Judge Swain transferred the pro se action to Western New York because venue was improper in Southern New York.
The transfer affects Joseph M. Wilson and the defendants because the case will proceed, if allowed by the receiving court, in the Western District of New York rather than the Southern District of New York. The receiving court will decide whether Wilson may proceed without prepaying fees.
What happened
In Wilson v. Facebook.com (Meta Platforms, Inc.), Joseph M. Wilson, who represented himself, sued the Steuben County Sheriff’s Department, Facebook and Meta, and several media companies. He alleged that a defamatory Facebook post harmed his reputation and was amplified by other outlets.
The court ruled that venue was not proper in the Southern District of New York. Wilson did not allege that all defendants lived in New York, and the events connected to his claims occurred mainly in Steuben and Chemung Counties, which are in the Western District of New York.
The court transferred the case to the Western District of New York in the interest of justice. Chief Judge Laura Taylor Swain closed the case in the Southern District, directed that no summons issue there, and left any decision about proceeding without prepaying fees to the receiving court.
The detailed version
- Wilson v. Facebook.com · No. 1:25-cv-05255
- Laura Swain
- July 2, 2025
Background
Joseph M. Wilson brought this action without a lawyer under 42 U.S.C. § 1983 and state law. He alleged that the Steuben County Sheriff’s Department issued a defamatory Facebook post about him and that Facebook, Meta, and several media companies amplified the post. The defendants also included John Does 1–10 and Jane Does 1–10.
Venue analysis
Venue is the federal district where a case may properly be litigated. Under 28 U.S.C. § 1391(b)(1), venue may be proper where all defendants reside if they reside in the same state. The court found that Wilson did not allege that all defendants resided in New York. He provided addresses for defendants in several locations, including California, New York, Pennsylvania, and Texas, so venue was not proper under that provision in any New York district.
Under § 1391(b)(2), venue may also be proper where a substantial part of the events or omissions underlying the claims occurred. The court concluded that significant events occurred in Steuben County and Chemung County. Wilson alleged that he experienced the harm at and around his residence in Big Flats, Chemung County, and the alleged Facebook post was issued by the Steuben County Sheriff’s Department. Both counties are in the Western District of New York.
The court rejected Wilson’s argument that Facebook’s commercial reach into the Southern District made venue proper there. The court noted that Facebook had commercial reach into virtually every federal district and found no allegations that Facebook had infrastructure in the Southern District connected to the claims or that an employee there participated in the alleged violation.
Disposition
Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, the court may transfer it to a district where it could have been brought if doing so serves the interest of justice. The court transferred the action to the United States District Court for the Western District of New York. It directed the Clerk to make the transfer, stated that a summons would not issue from the Southern District, and closed the case in that court. The transferee court will decide whether Wilson may proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.