Brown v. County of Kings

Background

Torrey Brown, who was incarcerated at Elmira Correctional Facility, brought a self-represented action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state or local actors. He asserted claims for false arrest, false imprisonment, and malicious prosecution. The named defendants were the County of Kings; District Attorney Eric Gonzalez; Assistant District Attorney Chelsea Toder; “CPT Banks J.”; Investigator Timothy; Fries Shield #528; and Correction Officer Brown 9586. Brown’s complaint concerned events occurring in Brooklyn, New York. The opinion also notes that Brown moved for appointment of a volunteer lawyer.

Venue analysis

The court applied 28 U.S.C. § 1391, the general federal venue statute. It explained that a civil action may generally be filed where a defendant resides, where a substantial part of the relevant events occurred, or, if neither applies, where a defendant is subject to the court’s personal jurisdiction. The court concluded that venue did not appear proper in the Southern District of New York because Brown did not allege that the defendants resided there or that a substantial part of the events occurred there.

The court then considered transfer under 28 U.S.C. § 1404(a), which permits moving a case for the convenience of the parties and witnesses and in the interest of justice. It considered the circumstances identified in its cited authorities, including the location of the events, witnesses, documents, and relevant proof; the parties’ convenience and means; the plaintiff’s choice of forum; trial efficiency; and the overall interest of justice. The court stated that the events occurred in Brooklyn, where most defendants appeared to reside, and that Brooklyn is in Kings County, within the Eastern District of New York. It therefore concluded that transfer to that district was appropriate.

Ruling

Chief Judge Colleen McMahon directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order also directed the Clerk to assign the matter to the judge’s docket, mail Brown a copy of the order, and note service on the docket. The court stated that the Eastern District court would decide whether Brown could proceed without prepaying fees. No summons was to issue from the Southern District of New York, and the order closed the case there.

The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion does not decide the merits of Brown’s false-arrest, false-imprisonment, or malicious-prosecution claims, and it does not rule on his request for volunteer counsel.