Jermall Anderson v. United States Department of Justice

Background

Jermall Anderson, who is incarcerated at FCI Danbury in Connecticut and is representing himself, brought an action invoking a Supreme Court decision concerning certain constitutional claims against federal officers. He alleged that the government violated equal-protection rights by charging him more harshly than white male defendants who engaged in similar conduct. The alleged discrimination occurred in connection with his prosecution and sentencing for sex trafficking in the District of Massachusetts. Anderson sought resentencing and money damages.

Venue analysis

The court explained that federal law generally allows a civil action to be filed where a defendant resides, where a substantial part of the relevant events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. Anderson did not allege that a defendant resided in the Southern District of New York or that a substantial part of the events occurred there. His criminal prosecution and sentencing occurred in the District of Massachusetts, where he pleaded guilty and received an amended judgment imposing 180 months in prison and five years of supervised release.

The court noted that the named defendant, the United States Department of Justice, arguably resides in both the Southern District of New York and the District of Massachusetts. It also stated that the Department of Justice is protected by sovereign immunity, which generally prevents suits against the federal government and its agencies unless that immunity has been waived. The court did not decide the merits of Anderson’s discrimination claim or his request for resentencing.

Disposition

Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court concluded that venue lies in the District of Massachusetts and ordered the Clerk to transfer the action there. The order closed the case in the Southern District of New York, stated that no summons would issue from that court, and left the question whether Anderson could proceed without prepaying fees to the transferee court. The court also stated that any appeal from the transfer order would not be taken in good faith and denied fee-free appeal status. Judge Laura Taylor Swain signed the order.