Collado v. Grivalda

Background

Ivan Collado, who is detained at the Metropolitan Detention Center in Brooklyn because of pending criminal proceedings, brought this case without a lawyer. He asserted claims under 42 U.S.C. § 1983, alleging that Captain Grivalda, Chibarg, and psychiatrist Bronco violated his constitutional rights by using excessive force and denying him medical care at the detention center.

Venue Analysis

The court considered the federal venue statute, which identifies locations where a civil case may be filed. It said it was unclear whether venue was proper in the Southern District of New York based on the defendants’ residences because Collado listed addresses at the Brooklyn detention center and their residences were unknown.

The court concluded that venue did not appear proper in the Southern District based on where the events occurred. The alleged events took place at the Brooklyn detention center, and Brooklyn is in Kings County, within the Eastern District of New York. The court also considered transfer for convenience and the interests of justice. It found that the underlying events occurred in Brooklyn and reasonably expected that the relevant documents and witnesses would also be there.

Ruling

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). The order closed the case in the Southern District of New York, directed that no summons issue from that court, and stated that the receiving court would decide whether Collado could proceed without prepaying fees. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the merits of Collado’s constitutional claims.