Leach v. New York City
- Colleen McMahon
- 1:20-cv-00989
- U.S. District Court · Southern District of New York
- 4
In Leach v. New York City, Judge McMahon transferred the pro se constitutional-rights case to the Eastern District of New York because the events occurred in Queens.
Monte S. Leach and the City of New York; the case was transferred from the Southern District of New York to the Eastern District of New York.
What happened
Monte S. Leach, who represented himself, claimed that the City of New York violated his federal constitutional rights. He said the events occurred in Long Island City, Queens County, which is in the Eastern District of New York.
The court said both the Southern and Eastern Districts were proper venues because the City of New York resides in both districts. But because the events occurred in Queens and relevant witnesses and documents were likely there, the court concluded that the Eastern District was more convenient and that transferring the case served the interests of justice.
In Leach v. New York City, Judge Colleen McMahon directed the Clerk to transfer the action to the Eastern District of New York and closed the Southern District case. The transferee court would decide whether Leach could proceed without paying filing fees; the court also denied fee-free status for any appeal from the transfer order.
The detailed version
- Leach v. New York City · No. 1:20-cv-00989
- Colleen McMahon
- Feb. 10, 2020
Background
Monte S. Leach, proceeding without a lawyer, brought federal constitutional claims against the City of New York. The complaint concerned events that allegedly occurred in Long Island City, Queens County, New York. The City was the sole defendant.
Venue analysis
The court explained that venue was proper in a district where the defendant resides or where a substantial part of the events giving rise to the claims occurred. It concluded that the City of New York resides in both the Southern District of New York and the Eastern District of New York, so both districts were proper venues under 28 U.S.C. § 1391(b)(1).
The court nevertheless considered transfer under 28 U.S.C. § 1404(a), which allows a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. It noted that courts may order such a transfer on their own initiative. The court considered the circumstances identified in its cited cases, including the location of the operative events, witnesses, documents, and sources of proof.
Ruling
The court concluded that transfer was appropriate because the underlying events occurred in Queens County, within the Eastern District of New York, and relevant documents and witnesses were likely located there. It directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York and to mail Leach a copy of the order. The order closed the case in the Southern District of New York.
The court stated that the transferee court would decide whether Leach could proceed without prepaying fees. A summons was not to issue from the Southern District. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal from the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.