Licausi v. Suffolk County

Background

John Licausi, who was incarcerated and proceeding without a lawyer and without prepaying filing fees, brought a civil-rights action under 42 U.S.C. § 1983. He sued Suffolk County, the Suffolk County Police Department, Suffolk County Police Officer Bogliole, and former Suffolk County District Attorney Thomas Spota. Licausi alleged that the defendants falsely arrested him and violated his constitutional rights during later state-court criminal proceedings.

Venue analysis

The court applied 28 U.S.C. § 1391, the federal statute governing the proper location for a civil case. It explained that 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 found that Licausi did not allege that any defendant resided in the Southern District of New York or that a substantial part of the relevant events occurred there.

The court determined that Licausi’s claims arose in Suffolk County, New York. Because Suffolk County is in the Eastern District of New York, the court concluded that venue was proper there under § 1391(b)(2). It therefore transferred the action under 28 U.S.C. § 1406(a), which permits transfer when venue is improper.

Ruling

Chief Judge Colleen McMahon directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The court stated that the transferee court would decide whether Licausi could continue without prepaying filing fees. It also directed that no summons issue from the Southern District and closed the case there.

The court certified that an appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3) and denied permission to appeal without prepaying fees. The opinion does not decide whether Licausi’s false-arrest or constitutional claims have merit.