Dickey v. County of Fresno

Background

Colin Raker Dickey sued the County of Fresno, the City of Fresno, and individuals connected to the Fresno District Attorney’s Office and Fresno Police Department. He alleged civil-rights violations under 42 U.S.C. §§ 1983 and 1988, along with related state-law claims. The claims concern the investigation and prosecution of murders in Fresno, Dickey’s 1991 conviction and death sentence, and the Ninth Circuit’s 2023 decision vacating the special-circumstances findings and death penalty after finding that a prosecutor knowingly allowed false testimony and repeated false evidence during closing arguments.

Defendants moved to dismiss for improper venue or, alternatively, to transfer the case to the Eastern District of California for convenience and the interests of justice. Dickey opposed both dismissal and transfer.

Analysis

The court considered the factors used under 28 U.S.C. § 1404(a), which permits transfer to another district where the case could properly be heard when transfer would serve the convenience of the parties and witnesses and the interests of justice.

The court found that Dickey’s choice of the Northern District received less weight because the connection between that district and the alleged wrongdoing was limited. Dickey had been incarcerated in the Northern District, and part of the original investigation occurred in San Jose, but the alleged prosecutorial misconduct occurred in the Eastern District.

The court also found that transfer would be more convenient for the parties because the living defendants resided in the Eastern District and most relevant evidence was in Fresno. Most witnesses and evidence concerning the alleged misconduct were also located in the Eastern District. The court recognized that some witnesses concerning Dickey’s injuries and damages were in the Northern District, but concluded that this did not outweigh the reasons favoring transfer.

The court further found that physical documents held by the Fresno Police Department and Fresno District Attorney’s Office would be easier to access in the Eastern District. Most importantly, the murders, investigation, major prosecutorial decisions, and trial all occurred in Fresno, creating a strong local interest in that district.

Disposition

The court granted defendants’ motion to transfer. It ordered that the action be transferred to the United States District Court for the Eastern District of California for all further proceedings. The opinion does not state that the case was dismissed.

Judge

The order is signed by William H. Orrick, United States District Judge.