Anderson v. The City of New York
- Laura Swain
- 1:25-cv-06679
- U.S. District Court · Southern District of New York
- 4
In Anderson v. City of New York, Judge Swain transferred Anderson’s constitutional-rights case to the Eastern District of New York because Brooklyn was the proper, more convenient venue.
Mark Anthony Anderson’s case was moved from the Southern District of New York to the Eastern District of New York; the transferee court will decide whether he may proceed without prepaying fees.
What happened
In Mark Anthony Anderson v. The City of New York; Eric Adams, Anderson, representing himself, sought damages for alleged violations of his federal constitutional rights in Brooklyn, Kings County, New York.
The court explained that the Eastern District of New York was a proper venue because a substantial part of the alleged events occurred in Brooklyn. It also concluded that transfer was appropriate because relevant witnesses and documents would likely be there, making that district more convenient.
Chief United States District Judge Laura Taylor Swain directed the Clerk to transfer the action to the Eastern District of New York. The court closed the action in the Southern District, left any decision about proceeding without paying fees to the transferee court, ordered that summonses not issue from the Southern District, and denied permission to appeal without prepaying fees.
The detailed version
- Anderson v. The City of New York · No. 1:25-cv-06679
- Laura Swain
- Sept. 12, 2025
Background
Mark Anthony Anderson brought this action without a lawyer against the City of New York and Eric Adams. He alleged that the defendants violated his federal constitutional rights in Brooklyn, Kings County, New York, and sought damages.
Venue Analysis
The court applied 28 U.S.C. § 1391(b), the general federal venue statute. It explained that a civil action may generally be filed where a defendant resides, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to the court’s personal jurisdiction.
The City of New York resides in both the Southern District and the Eastern District of New York for venue purposes. Anderson did not allege where Mayor Adams resides, so the court stated that it was unclear whether the Southern District was a proper venue under § 1391(b)(1). Anderson did allege that a substantial part, if not all, of the events underlying his claims occurred in Brooklyn. Because Brooklyn is in the Eastern District of New York, the court found that district to be a proper venue under § 1391(b)(2).
Transfer Decision
Under 28 U.S.C. § 1404(a), a federal court may transfer a civil action to another federal district where it could have been brought when transfer would promote convenience and the interests of justice. The court concluded that transfer was appropriate because the alleged events occurred in the Eastern District and relevant documents and witnesses could reasonably be expected to be located there. It therefore transferred the action to the United States District Court for the Eastern District of New York.
Disposition
Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to transfer the action. The order closed the action in the Southern District of New York, stated that the transferee court would decide whether Anderson could proceed without prepaying fees, and ordered that summonses would not issue from the Southern District. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.