Thomas v. Administration of Childrens Services
- Colleen McMahon
- 1:20-cv-10992
- U.S. District Court · Southern District of New York
- 4
In Thomas v. Administration of Children’s Services, Judge McMahon transferred the case to the Eastern District of New York based on where events occurred.
The action brought by Yanel Thomas, including the claims she purported to bring for T.J. and Y.J., was transferred from the Southern District of New York to the Eastern District of New York. The transfer did not resolve the underlying claims.
What happened
Yanel Thomas brought this case without a lawyer against the Administration of Children’s Services, Jewish Child Care Association, and Catholic Guardian, concerning the removal of her minor children from her custody and related family-court proceedings. The opinion also notes that Thomas sought to bring claims for her children, but a parent who is not a lawyer generally cannot represent a child without counsel.
The court considered that the events and family-court proceedings occurred in Queens County. Although venue might also have been proper in Manhattan because the defendants listed Manhattan addresses, the court found that transferring the case to the Eastern District of New York served convenience and the interests of justice.
Judge Colleen McMahon ordered the Clerk to transfer the action to the Eastern District of New York. The Southern District of New York case was closed, no summons would issue there, and the transferee court would decide whether Thomas could proceed without paying fees; the court also denied fee-free status for any appeal from this order.
The detailed version
- Thomas v. Administration of Childrens Services · No. 1:20-cv-10992
- Colleen McMahon
- Dec. 29, 2020
Background
Yanel Thomas filed this action without a lawyer against the Administration of Children’s Services, Jewish Child Care Association, and Catholic Guardian. She asserted claims connected to the March 21, 2020 removal of her minor children from her custody. The opinion states that she also purported to bring claims on behalf of her children, but notes that a parent who is not an attorney generally cannot proceed for a child without counsel.
Venue and Transfer
The court explained that federal 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 personal jurisdiction. Thomas’s complaint concerned events in Queens County, where she lived with her children and where related Family Court proceedings took place. She listed Manhattan addresses for all defendants, so the court stated that venue might be proper in the Southern District of New York.
Even if venue was proper there, 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 circumstances of the case, including that the underlying events and related Family Court proceedings occurred in Queens County. Because Queens County is in the Eastern District of New York, the court concluded that transfer was appropriate and that venue was proper in that district.
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 mail Thomas a copy of the order. The court stated that the transferee court would decide whether Thomas should be allowed to proceed without paying filing fees. No summons would issue from the Southern District of New York, and the order closed the case there. The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order transferred the action and did not decide the underlying claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.