Gardner v. New York City

Background

Franklin Gardner, who was incarcerated at Elmira Correctional Facility and represented himself, brought an action under 42 U.S.C. § 1983. He alleged that he was injured in a motor-vehicle accident while being transported from Rikers Island to New York Supreme Court, Kings County. The defendants included the City of New York, the vehicle’s driver, and other New York City Department of Correction officers.

Venue and Transfer Analysis

The court explained that venue was proper in the Southern District under 28 U.S.C. § 1391(b)(1) because the City of New York was located there. But 28 U.S.C. § 1404(a) allows a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court also stated that it could order a transfer on its own initiative.

The court concluded that venue was also proper in the Eastern District because the City of New York was located there as well and because the underlying events occurred in Brooklyn, in Kings County. It further reasoned that records connected to the accident would be located in Brooklyn. Considering the relevant circumstances, the court found that transferring the action to the Eastern District was in the interest of justice.

Disposition

Judge Colleen McMahon ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York and to mail Gardner a copy of the order. The court stated that the transferee court would decide whether Gardner could proceed without prepaying fees. No summons would issue from the Southern District, and the order closed that case. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal.