Borges v. Schenectady County Jail

Background

Angel Borges, proceeding without a lawyer, brought an action under 42 U.S.C. § 1983 alleging that the defendants violated his federal constitutional rights by being deliberately indifferent to his medical needs while he was detained at the Schenectady County Jail. The defendants listed in the caption included Schenectady County Jail, John Doe defendants, Schenectady County Jail Medical Services, an employee of Corr. Med. Inc., and other John Doe defendants.

Venue analysis

The court applied 28 U.S.C. § 1391, the federal venue statute. It explained that a civil action may generally be brought where a defendant resides or where a substantial part of the events giving rise to the claim occurred. Borges did not allege that any defendant resided in the Southern District of New York, and he did not allege that substantial events or omissions occurred there. The court determined that the claims arose in Schenectady County, which is in the Northern District of New York.

Ruling

The court transferred the action to the United States District Court for the Northern District of New York under 28 U.S.C. § 1406(a). The order directed the Clerk to mail Borges a copy of the order and note service on the docket. It stated that the transferee court would decide whether Borges could proceed without prepaying filing fees, that no summons would issue from the Southern District, and that the order closed the case there. Judge Colleen McMahon also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.