Grunewald v. Suffolk County Family Court

Background

Albert Grunewald brought an action against Suffolk County Family Court, Support Magistrate John Ernest Ramond, Theresa Harrington, and the State of New York. He invoked federal-question jurisdiction and alleged violations of state and federal law arising from family court proceedings in Suffolk County, New York. The opinion states that Grunewald is a citizen of Arizona and that he identified related events in Arizona and Florida.

Venue analysis

The court discussed the general federal venue statute, 28 U.S.C. § 1391(b). Under that statute, a civil action may generally be filed where the defendants reside, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s personal jurisdiction.

The court said venue did not appear proper in the Southern District of New York because Grunewald did not allege that the defendants resided there or that a substantial part of the events or omissions underlying his claims occurred there. The defendants’ listed addresses were in Suffolk County, which is within the Eastern District of New York. The court also noted that any claims based on events in Arizona or Florida might not be properly venued in either New York district.

The opinion separately stated that the State of New York is generally protected from suit in federal court by immunity under the Eleventh Amendment, and that New York had not waived that immunity and Congress had not removed it through 42 U.S.C. § 1983. The court did not otherwise resolve the merits of Grunewald’s claims in this transfer order.

Transfer ruling

Even assuming venue were proper in the Southern District, 28 U.S.C. § 1404(a) permits a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court considered the location of the underlying events, the apparent location of the defendants, and the totality of the circumstances. It concluded that transfer to the Eastern District of New York was appropriate and in the interest of justice.

Disposition

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 and to send Grunewald a copy of the order. The court stated that the transferee court would decide whether he could proceed without prepaying fees. It directed that no summons issue from the Southern District, closed the case there, and certified that an appeal would not be taken in good faith. Fee-free status was therefore denied for purposes of an appeal.