Hill v. Abrams

Background

Desean Hill, who was incarcerated at South Port Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating constitutional rights. He alleged that defendants violated his rights through conditions at the facility.

Venue Analysis

The court applied the federal venue statute, 28 U.S.C. § 1391(b). That statute generally permits a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority.

The court found that Hill did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events occurred there. Because the claims arose at the facility in Pine City, New York, in Chemung County, the court determined that venue was proper in the Western District of New York.

Disposition

Under 28 U.S.C. § 1406(a), the court transferred the action to the United States District Court for the Western District of New York. The order states that the clerk should transfer the action, that the transferee court would decide whether Hill could proceed without prepaying fees, and that no summons would issue from the Southern District of New York. The order also states that it closes this case and denies permission to appeal without prepaying fees because the court certified that an appeal would not be taken in good faith. The court did not decide the substance of Hill’s allegations.