Kruppenbacher v. Kirkpatrick

Background

Joseph Kruppenbacher brought this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against state officials for violating constitutional rights. He named former Clinton Correctional Facility Superintendent Michael Kirkpatrick, former Green Haven Correctional Facility Superintendent Thomas R. Griffin, former Clinton Deputy Superintendent of Administration D. Keysor, and two unidentified correctional officers.

Kruppenbacher alleged that a correctional officer in the package room at Clinton Correctional Facility denied him legal books and a typewriter. He submitted inmate claims about those items to Keysor. After Kruppenbacher was transferred to Green Haven Correctional Facility, he asked Green Haven’s inmate claims coordinator and Superintendent Griffin to help recover the property. Keysor denied the claims, and Kirkpatrick denied later appeals. The New York State Court of Claims, Albany County, dismissed Kruppenbacher’s actions for lack of jurisdiction because he had not exhausted his administrative remedies.

Venue and Transfer

The court explained that federal venue is generally proper where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction. Kruppenbacher asserted that all defendants had addresses in Albany County, but he did not provide specific addresses or state where they lived for venue purposes.

The court concluded that the Northern District of New York was a proper venue because the central event—the alleged confiscation of Kruppenbacher’s property—occurred at Clinton Correctional Facility in Dannemora, Clinton County. The court also noted that most witnesses and evidence appeared likely to be located there. Under 28 U.S.C. § 1404(a), a court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. Applying the totality of the circumstances, the court found transfer appropriate.

Disposition

The court ordered the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York and to mail Kruppenbacher a copy of the order. It stated that the transferee court would decide whether Kruppenbacher could continue without prepaying filing fees. The court directed that no summons issue from the Southern District of New York and stated that the order closed that case. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon signed the order.