Wilson v. Castro

Background

Gerald J. Wilson, an inmate housed at Richard J. Donovan Correctional Facility, filed this pro se action against J. Castro. Wilson alleged that prison officials at Kern Valley State Prison retaliated and discriminated against him in violation of the federal Constitution and violated his rights under the Americans with Disabilities Act.

The order states that Kern Valley State Prison is in Kern County. It also states that the named defendants likely reside in Kern County and that the events or omissions underlying Wilson’s claims occurred there.

Venue Analysis

Federal law generally permits a civil action to proceed in a district where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. The court concluded that Kern County falls within the Eastern District of California and that venue therefore properly lies there.

In a footnote, the court observed that Wilson appeared to have filed in the Northern District because he is a member of the Armstrong class action and alleged that defendants’ actions or inactions violated injunctions in that action. The court quoted authority stating that class members and other prisoners must pursue equitable or declaratory claims through the class representatives and attorneys, including through contempt proceedings or intervention in the class action. The court provided addresses for class counsel.

Ruling

Under 28 U.S.C. § 1406(a), the court ordered that the action be transferred, in the interest of justice, to the United States District Court for the Eastern District of California. The clerk was directed to close the Northern District case. The order did not rule on the merits of Wilson’s constitutional or Americans with Disabilities Act claims.