Gallagher v. Drug Enforcement Administration

Background

Ryan Gallagher, also known as Rev. Ryan Sasha-Shai Van Kush, appeared without a lawyer and brought an action on behalf of himself and the Shaivite Temple against the Drug Enforcement Agency and its agents. He invoked the Federal Tort Claims Act, a federal law that allows certain claims against the United States for torts committed by federal employees. The opinion notes that the United States, rather than a federal agency or individual employees, is the only proper defendant in an action under that law.

Venue analysis

The court applied the Federal Tort Claims Act's venue rule, which permits such claims to be prosecuted only in the federal district where the plaintiff resides or where the complained-of act or omission occurred. The court found that Gallagher did not reside in the Southern District of New York and had not alleged that the events or omissions supporting his claims occurred there. The opinion states that Gallagher is a resident of Colorado, where his claims apparently arose. It therefore concluded that venue was proper in the District of Colorado, not the Southern District of New York.

Disposition

Chief United States District Judge Colleen McMahon ordered the action transferred to the United States District Court for the District of Colorado. The Clerk was directed to mail the order to Gallagher and record service. The New York court did not decide whether he could proceed without paying fees; that decision was left to the transferee court. It directed that no summons issue, closed the case, and certified that an appeal would not be taken in good faith, denying fee-free status for purposes of an appeal.