Calderon v. Annucci
- Colleen McMahon
- 1:20-cv-03760
- U.S. District Court · Southern District of New York
- 4
In Calderon v. Annucci, Judge McMahon transferred the constitutional-rights case to the Northern District of New York because venue and convenience favored that district.
Larry Calderon’s lawsuit was transferred from the Southern District of New York to the Northern District of New York. The order did not resolve the underlying constitutional claims.
What happened
In Calderon v. Annucci, Larry Calderon, who was incarcerated, brought a self-represented civil-rights lawsuit under federal law against state corrections officials and others. He alleged that events at the Albany Medical Center Prison Ward violated his constitutional rights.
The court explained that the events occurred mainly at the Albany facility, most defendants appeared to work there, and the facility was in Albany County, within the Northern District of New York. The court concluded that venue was proper there and that transferring the case served the parties, witnesses, and the interests of justice.
Judge Colleen McMahon ordered the case transferred to the Northern District of New York. The order closed the case in the Southern District, did not issue a summons, and left any decision about proceeding without prepaying fees to the transferee court.
The detailed version
- Calderon v. Annucci · No. 1:20-cv-03760
- Colleen McMahon
- June 3, 2020
Background
Larry Calderon, who was incarcerated at Southport Correctional Facility, filed this self-represented lawsuit under 42 U.S.C. § 1983, a federal law allowing claims that government officials violated constitutional rights. He named Anthony J. Annucci, officials and employees connected to the New York State Department of Corrections and Community Supervision and its Crisis Intervention Unit, unidentified personnel at the Albany Medical Center Prison Ward, the prison ward, and Bronx Assistant District Attorney Christine Scaccia.
The complaint concerned events that occurred primarily at the Albany Medical Center Prison Ward. Calderon listed Albany, New York, work addresses for the defendants other than Scaccia, whose listed address was the Bronx District Attorney’s Office.
Venue Analysis
The court explained that federal law generally permits a civil action to 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 said Calderon had not alleged that the defendants resided in the Southern District of New York or that a substantial part of the events occurred there, so venue did not appear proper in that district under the first two general venue provisions.
The court also considered transfer under 28 U.S.C. § 1404(a), which allows a court to move a case for the convenience of the parties and witnesses and in the interest of justice. It considered the location of the events, the likely location of witnesses and evidence, and the other relevant circumstances. The court concluded that the Albany Medical Center Prison Ward was in Albany County, which is within the Northern District of New York, and that venue was proper there.
Disposition
Judge Colleen McMahon concluded that the total circumstances favored transfer and ordered the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York. The order closed the case in the Southern District of New York. It stated that the transferee court would decide whether Calderon could proceed without prepaying fees, and that no summons would issue from the Southern District. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
The order transferred the case based on venue and convenience; it did not decide whether Calderon’s constitutional-rights allegations were valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.