Chirse v. Pauselius
- Colleen McMahon
- 1:20-cv-11040
- U.S. District Court · Southern District of New York
- 2
In Chirse v. Pauselius, Judge McMahon transferred the prisoner’s constitutional-rights case to Western New York because the alleged events occurred there.
Devante Chirse and the defendants named in his Section 1983 action; the case was moved from the Southern District of New York to the Western District of New York.
What happened
Chirse v. Pauselius is a case brought by Devante Chirse, who is incarcerated and representing himself, against several defendants. He alleged that the defendants violated his federal constitutional rights under a civil-rights law known as Section 1983. The alleged violations occurred at Southport Correctional Facility.
The court concluded that the Southern District of New York was not the proper location for the case because no defendant was alleged to live there and the events did not occur there. Because Southport is in Chemung County, in the Western District of New York, the court transferred the case to that district.
Judge Colleen McMahon ordered the transfer and closed the Southern District case. She did not decide whether the defendants violated Chirse’s rights. The court also said that the Western New York court would decide whether Chirse could proceed without paying filing fees, and denied permission to appeal without paying fees.
The detailed version
- Chirse v. Pauselius · No. 1:20-cv-11040
- Colleen McMahon
- Jan. 11, 2021
Background
Devante Chirse, who was incarcerated at Southport Correctional Facility in Pine City, New York, brought this case without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his federal constitutional rights. The listed defendants included Sgt. D. Pauselius, SORC J. Abrams, L. Bacon, D. Clemenson, T. Steward, Igre Macklin, Martin, and D. Venozzotti.
Venue analysis
Venue is the legally proper federal court location for a case. Under 28 U.S.C. § 1391(b), venue generally may be proper where a defendant resides or where a substantial part of the events giving rise to the claim occurred. The court found that Chirse 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 Chirse’s claims arose in Southport. Because Southport is in Chemung County, which is in the Western District of New York, the court concluded that venue was proper there under § 1391(b)(2). It therefore transferred the action to the Western District of New York under 28 U.S.C. § 1406(a), the statute allowing transfer when venue is improper.
Disposition
The court directed the Clerk to transfer the action to the United States District Court for the Western District of New York and closed the Southern District case. It stated that the transferee court would decide whether Chirse could proceed without prepaying fees. No summons would issue from the Southern District of New York. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Judge Colleen McMahon’s order addressed venue and transfer only. The opinion did not decide the merits of Chirse’s constitutional-rights allegations.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.