Moultrie v. Kings County Hospital

Background

Mukadien Moultrie, who was incarcerated at Rikers Island and proceeded without a lawyer, brought an action under 42 U.S.C. § 1983. He alleged that doctors employed in the psychiatric ward at Kings County Hospital prescribed him psychiatric medication after he told them that he was allergic to it.

Venue Analysis

The court applied 28 U.S.C. § 1391(b), which identifies the federal districts where a civil action may be filed. The court found that Moultrie did not allege that any defendant resided in the Southern District of New York or that a substantial part of the events or omissions giving rise to his claims occurred there. The court determined that the claims arose in Kings County, which is in the Eastern District of New York.

Disposition

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a), the statute allowing transfer when venue is improper. The Clerk was directed to transfer the action, and the Southern District case was closed. The court stated that the Eastern District would decide whether Moultrie could proceed without prepaying fees. No summons was 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 purposes of an appeal. Judge Colleen McMahon did not decide the merits of Moultrie’s allegations in this transfer order.