Thomas v. Gonzalez

Background

Cheryl A. Thomas brought this case without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by people acting under state law. She sued Jaquez Gonzalez, St. Fleur, Lt Manning, and Superintendent Imram. The opinion says that Gonzalez and St. Fleur were New York City police officers from a precinct in Queens and that Lefrak City was also in Queens.

Thomas alleged that the defendants were involved in forcibly and unlawfully removing her from her apartment in Queens. She alleged that the removal occurred without valid notice and was based on an old court case number. She filed requests for the return of her property and for an order preventing the defendants from removing, withholding, or destroying property in the apartment.

Venue and Transfer

The court explained that federal law generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. The court found that venue was not proper in the Southern District of New York based on where the events occurred because the alleged events took place in Queens County. The court said it was unclear whether venue was proper there based on where all defendants resided.

Queens County is in the Eastern District of New York, and the court found that venue was proper there based on the location of the events. The court also held that transfer was appropriate under 28 U.S.C. § 1404(a), which allows transfer for the convenience of the parties and witnesses and in the interest of justice. The court relied on the location of the underlying events and its expectation that witnesses and relevant documents would also be in Queens. It also noted that Thomas does not reside in the Southern District of New York.

Order

The court directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York. It waived the usual seven-day delay before transfer and stated that a summons would not issue from the Southern District of New York. The order closed the case in that district.

The court left Thomas’s request for preliminary injunctive relief—an emergency order preserving the status quo—for the transferee court to decide. The opinion’s footnote also identifies pending motions concerning permission to proceed without prepaying fees and the return of property. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The court did not decide the underlying civil-rights claims.