Lewis v. Nelson
- Colleen McMahon
- 1:19-cv-10869
- U.S. District Court · Southern District of New York
- 4
In Lewis v. Nelson, Judge McMahon transferred Shawn Lewis’s civil-rights case to the Eastern District of New York because the events and defendant’s address were in Queens.
Shawn Lewis’s federal civil-rights action was transferred from the Southern District of New York to the Eastern District of New York. Nelson and the court system in both districts were affected by the venue ruling.
What happened
In Lewis v. Nelson, Shawn Lewis, who was incarcerated and representing himself, sued New York City police officer Nelson under a federal civil-rights law. He alleged that Nelson falsely arrested him and used excessive force during an incident in Queens.
The court concluded that the Southern District of New York was not the proper venue because the alleged events occurred in Queens and Nelson’s listed address was there. It transferred the case to the Eastern District of New York, where Queens is located, without deciding whether Lewis’s allegations were valid.
Judge Colleen McMahon directed the Clerk to transfer the case, said the receiving court would decide whether Lewis could proceed without paying fees, and ordered that no summons issue from the Southern District. The order closed the case there and denied fee-free status for any appeal.
The detailed version
- Lewis v. Nelson · No. 1:19-cv-10869
- Colleen McMahon
- Nov. 25, 2019
Background
Shawn Lewis, who was incarcerated at Rikers Island and proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983. He alleged that New York City police officer Nelson falsely arrested him and used excessive force on March 10, 2018, in St. Albans, Queens. Nelson was the only named defendant, and Lewis provided an address for Nelson in Jamaica, Queens. Lewis also requested appointment of pro bono counsel.
Venue analysis
Venue rules identify where a civil action may be filed. They generally allow a case in a district where a defendant resides, if the applicable conditions are met, or where a substantial part of the events occurred. The court stated that Lewis did not allege that Nelson resided in the Southern District of New York or that a substantial part of the events occurred there. Venue therefore did not appear proper in that district under those provisions.
The court also explained that 28 U.S.C. § 1404(a) permits a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court may order such a transfer on its own initiative. In deciding whether transfer is appropriate, courts consider factors including the location of the events, the convenience of witnesses and parties, the availability of evidence and compulsory process, the parties’ relative means, trial efficiency, and the overall interest of justice.
Ruling
The court found that transfer was appropriate because the underlying events occurred in Queens County and Nelson appeared to reside there. Queens County is within the Eastern District of New York. Based on the total circumstances, the court ordered the action transferred to that district under § 1404(a). This was a venue ruling; the court did not decide whether Nelson falsely arrested Lewis or used excessive force.
The Clerk was directed to transfer the action, mail Lewis a copy of the order, and record service on the docket. The transferee court was to decide whether Lewis could proceed without prepaying fees. No summons was to issue from the Southern District, and the order closed the case there. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.