Jackson v. Polizzi
- Philip Halpern
- 7:20-cv-03105
- U.S. District Court · Southern District of New York
- 6
In Jackson v. Polizzi, Judge McMahon ordered Thomas Jackson to explain within 30 days why venue should not be transferred.
Thomas Jackson must explain within 30 days why his case should not be transferred to the Northern District of New York; the defendants remain subject to the pending action, but the court has not ruled on the merits.
What happened
Thomas Jackson, who is incarcerated and representing himself, sued several corrections officials under a federal civil-rights law, claiming that a 2017 disciplinary hearing violated his right to fair procedures. The opinion says the hearing apparently occurred at Shawangunk Correctional Facility in Ulster County, while one defendant worked at Sing Sing Correctional Facility in Westchester County.
The court did not decide whether Jackson’s due-process claim was valid. Instead, it said the case appeared better suited for the federal court covering Ulster County and considered whether transferring the case would serve convenience and fairness.
Judge Colleen McMahon ordered Jackson to submit a written declaration within 30 days explaining where the relevant events occurred and why the case should not be transferred to the Northern District of New York. The court also directed that no summons issue at that time and denied fee-waiver status for any appeal.
The detailed version
- Jackson v. Polizzi · No. 7:20-cv-03105
- Philip Halpern
- June 10, 2020
Background
Thomas Jackson, who was incarcerated and proceeding without a lawyer, brought an action under 42 U.S.C. § 1983. He alleged that A. Polizzi, Jamie M. LaManna, T. Brooks, and D. Venettozzi violated his due-process rights in connection with a 2017 Tier III disciplinary hearing. The opinion identifies Brooks as being associated with Sing Sing Correctional Facility and Polizzi and LaManna as being associated with Shawangunk Correctional Facility. The opinion does not describe the alleged conduct by each defendant in detail.
The court noted that the disciplinary hearing appeared to have taken place in Ulster County, New York, where Shawangunk Correctional Facility is located. It also noted that Jackson had challenged the disciplinary determination in a state-court proceeding in Ulster County, and that proceeding was dismissed as moot because the determination had been administratively reversed. The opinion further stated that Sing Sing Correctional Facility is in Westchester County, within the Southern District of New York.
Venue and Possible Transfer
Venue rules generally allow a civil action to proceed 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 stated that because Jackson’s claims concern the disciplinary proceedings, and those proceedings apparently occurred in Ulster County, venue appeared to lie in the Northern District of New York. The court also explained that it could transfer the case under 28 U.S.C. § 1404(a) for the convenience of the parties and witnesses and in the interest of justice, even if venue were proper in the Southern District.
Order
The court directed Jackson to submit a written declaration within 30 days explaining where the events giving rise to his claims occurred and why the action should not be transferred to the Northern District of New York. The court did not order a transfer in this opinion and did not reach the merits of Jackson’s due-process allegations. It directed the Clerk to mail the order to Jackson and note service on the docket. It also directed that a summons not issue at that time.
The court certified that any appeal from the order would not be taken in good faith and denied Jackson permission to proceed without paying filing fees for purposes of an appeal. Judge Colleen McMahon issued the order.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.