Johnson v. Buffalo Police Department

Background

Robert W. Johnson brought this self-represented action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by persons acting under state law. He alleged that the defendants violated his rights in Erie County during family-court proceedings held in the late 1990s.

Venue analysis

Under 28 U.S.C. § 1391(b), a civil action generally may be filed where a defendant resides, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to the court's personal jurisdiction. The court stated that Johnson did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events occurred there. Because the claims arose in Erie County, which is in the Western District of New York, the court concluded that venue was proper in the Western District under § 1391(b)(2).

Ruling

The court transferred the action to the United States District Court for the Western District of New York under 28 U.S.C. § 1406(a), the statute permitting transfer when venue is improper. The Clerk was directed to transfer the action, and the order stated that the Southern District case was closed. The court also stated that the transferee court would decide whether Johnson could proceed without prepaying filing fees, and that no summons would issue from the Southern District. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon also referenced prior related proceedings concerning possible restrictions on Johnson's future self-represented filings, but those matters were not decided by this transfer order.