Kulisz v. Raga

Background

Magdalena Kulisz and Shahar Kenan brought this action without lawyers against Steven Raga, identified in the opinion as a New York State Assemblyman for District 30 in Queens County. They asserted constitutional-rights claims and purported to act for themselves, others similarly situated, and Miss Immigrant USA, described as a civic association.

The complaint described an event in Queens County on December 8, 2024, where Raga allegedly asked Kulisz to step outside for a private conversation and demanded that Miss Immigrant USA immediately disassociate from Angela Aquino, then a candidate for New York City Public Advocate. The plaintiffs characterized that event as beginning an escalating campaign of threats and reprisals. The opinion also mentioned events in Manhattan but stated that the complaint did not allege those events gave rise to the claims against Raga.

Venue and transfer

The court explained that venue rules generally allow a civil action where a defendant resides or where a substantial part of the events giving rise to the claims occurred. The court concluded that venue did not appear proper in the Southern District of New York based on Raga’s residence because the New York Constitution requires State Assembly members to reside in their specific assembly districts, and Queens County is in the Eastern District of New York.

The court determined that venue was proper in the Eastern District under the events-based venue rule because the events underlying the plaintiffs’ claims occurred in Queens. The court also concluded that transferring the case was appropriate under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. Raga resides in Queens, the underlying events occurred there, and the court found it reasonable to expect that relevant documents and witnesses would also be there.

Disposition

The court ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District of New York. It did not decide the merits of the constitutional-rights claims. The court stated that the transferee court would decide whether the plaintiffs could proceed without prepaying fees, and no summons would issue from the Southern District of New York.

The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Laura Taylor Swain, Chief United States District Judge, signed the order.