Ngambo v. Christopher

Background

Jules Ngambo, appearing without a lawyer, brought an action under 42 U.S.C. § 1983, a federal civil-rights statute. He alleged that Douglas Christopher and other defendants violated his rights in Ridgewood, New Jersey. The opinion states that his claims arose from his arrest and prosecution in the Village of Ridgewood, Bergen County, New Jersey.

Venue analysis

The court applied 28 U.S.C. § 1391, the federal statute governing the proper location for a civil case. Under that statute, a case may generally be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority.

The court noted that Ngambo lived in Garnerville, Rockland County, New York. It found that he did not allege that any defendant lived in the Southern District of New York or that a substantial part of the events giving rise to his claims occurred there. Because the claims arose in Bergen County, the court determined that venue was proper in the District of New Jersey.

Ruling and disposition

Judge Colleen McMahon transferred the action to the United States District Court for the District of New Jersey under 28 U.S.C. § 1406(a), which permits transfer when venue is improper. The Clerk was directed to mail the order to Ngambo and transfer the action. The court also directed that no summons issue from the Southern District of New York and stated that the order closed that case.

The court certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The opinion does not identify the other defendants by name.