Olivo v. United States of America
- Colleen McMahon
- 1:19-cv-09339
- U.S. District Court · Southern District of New York
- 2
In Olivo v. United States, Judge McMahon transferred Ernesto Olivo’s Federal Tort Claims Act case to the Eastern District of New York.
Ernesto Olivo’s Federal Tort Claims Act action was moved from the Southern District of New York to the Eastern District of New York; the order also denied fee-free appeal status.
What happened
Ernesto Olivo, who is incarcerated at a federal medical center in Minnesota, filed the case without a lawyer under the Federal Tort Claims Act. He alleged that defendants transported him, a paraplegic, in a vehicle that was not accessible to wheelchairs on multiple occasions.
The court had asked Olivo to explain why the Southern District of New York was the proper venue because he had not identified where the events occurred or shown that he resided in Minnesota for venue purposes. In his amended complaint, he stated that the events occurred at the Metropolitan Detention Center in Brooklyn, New York.
Because Brooklyn is in Kings County, within the Eastern District of New York, Judge McMahon ordered the case transferred there and closed the Southern District case. The court also ruled that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
The detailed version
- Olivo v. United States of America · No. 1:19-cv-09339
- Colleen McMahon
- Jan. 7, 2020
Background
Ernesto Olivo brought this action without a lawyer under the Federal Tort Claims Act, a law that permits certain tort claims against the United States. He alleged that defendants transported him, a paraplegic, in a vehicle that was not accessible to wheelchairs on multiple occasions. At the time, he was incarcerated at the Federal Medical Center in Rochester, Minnesota. The court had previously allowed him to proceed without paying the filing fee.
Venue
The Federal Tort Claims Act provides that a civil action on a covered tort claim may be brought only in the federal district where the plaintiff resides or where the alleged act or omission occurred. The court directed Olivo to amend his complaint because he had not stated where the events occurred or provided facts showing that he resided in the Southern District of New York or that his location in Minnesota established his residence for venue purposes.
In his amended complaint, Olivo stated that the events occurred at the Metropolitan Detention Center in Brooklyn, New York. Brooklyn is in Kings County, which lies within the Eastern District of New York.
Ruling
Judge Colleen McMahon ordered the Clerk to transfer the action to the United States District Court for the Eastern District of New York and stated that the transfer order closed the Southern District of New York case. The court also certified that any appeal would not be taken in good faith and denied Olivo permission to proceed without paying fees for purposes of an appeal. The order transferred the case based on venue; it did not decide the underlying allegations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.