Coston v. Commissioner of NYSDOCCS
- Colleen McMahon
- 1:20-cv-00095
- U.S. District Court · Southern District of New York
- 2
In Coston v. Commissioner of NYSDOCCS, Judge McMahon transferred the prisoner’s constitutional-rights case because venue was improper in this Court.
Rashod Coston’s federal constitutional-rights action was transferred from the Southern District of New York to the Western District of New York. The defendants were affected by the change of court, and the receiving court was left to decide whether Coston could proceed without prepaying fees.
What happened
Coston v. Commissioner of NYSDOCCS concerns Rashod Coston, who was incarcerated at Elmira Correctional Facility and represented himself. He alleged that the defendants violated his federal constitutional rights by placing him in solitary confinement.
The court ruled that the case did not belong in the Southern District of New York because Coston did not allege that a defendant lived there or that substantial events occurred there. The court said the claims arose at Elmira in Chemung County, which is in the Western District of New York.
Judge Colleen McMahon transferred the action to the Western District of New York under the federal venue statute. The order closed the case in the Southern District, left any decision about proceeding without prepaying fees to the receiving court, and denied fee-free status for an appeal.
The detailed version
- Coston v. Commissioner of NYSDOCCS · No. 1:20-cv-00095
- Colleen McMahon
- Jan. 9, 2020
Background
Rashod Coston, who was incarcerated at Elmira Correctional Facility, filed this self-represented action under 42 U.S.C. § 1983. He alleged that the defendants violated his federal constitutional rights by placing him in solitary confinement. The defendants were identified as the Commissioner of the New York State Department of Corrections and Community Supervision, the warden and superintendent of Elmira Correctional Facility, and several individuals.
Venue analysis
The court applied 28 U.S.C. § 1391(b), which identifies the federal districts where a civil action may be brought. Those locations can include a district where a defendant resides, a district where a substantial part of the events occurred, or, in limited circumstances, a district where a defendant is subject to the court’s authority.
The court stated that Coston did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events leading to his claims occurred there. It found that the claims arose at Elmira Correctional Facility in Chemung County, New York, which is in the Western District of New York. The court therefore concluded that venue was proper in the Western District of New York under § 1391(b)(2).
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 Clerk of Court was directed to mail Coston a copy of the order, record service on the docket, and transfer the action. The court stated that the receiving court would decide whether Coston could proceed without prepaying fees. The Southern District court also directed that no summons issue and stated that the order closed the case.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order resolved venue and transfer; it did not decide the merits of Coston’s constitutional claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.