Abdullah v. The City of New York
- Colleen McMahon
- 1:21-cv-00985
- U.S. District Court · Southern District of New York
- 3
In Abdullah v. The City of New York, Chief Judge McMahon transferred Abdullah’s constitutional-rights case to the Eastern District of New York.
Bailah Abdullah’s case was moved from the Southern District of New York to the Eastern District of New York. The City of New York and Detective Daniel Roman remain defendants, and the transferee court must decide whether Abdullah may proceed without prepaying fees.
What happened
In Abdullah v. The City of New York, Bailah Abdullah, who was representing himself, sued the City of New York and Detective Daniel Roman, alleging violations of his federal constitutional rights. The claims arose from his arrest and later prosecution in Brooklyn.
The court said both the Southern and Eastern Districts of New York were proper venues. It nevertheless found that the Eastern District was more appropriate because the events occurred there and relevant witnesses and documents were likely located there.
Chief Judge Colleen McMahon ordered the case transferred to the Eastern District of New York and directed the clerk to close the case in the Southern District. The court also denied permission to appeal without prepaying fees, finding that any appeal would not be taken in good faith.
The detailed version
- Abdullah v. The City of New York · No. 1:21-cv-00985
- Colleen McMahon
- Feb. 5, 2021
Background
Bailah Abdullah, who was representing himself, brought this action against the City of New York and Detective Daniel Roman. He alleged that the defendants violated his federal constitutional rights. At the time of the order, Abdullah was held at the George R. Vierno Center on Rikers Island. His claims arose from his arrest in Brooklyn, Kings County, and his later prosecution in the New York Supreme Court, Kings County.
Venue analysis
The court explained that federal law generally permits a civil action to be filed where a defendant resides or where a substantial part of the events occurred. The court determined that both the Southern District of New York and the Eastern District of New York were proper venues. Kings County is in the Eastern District, Detective Roman was assigned to the New York City Police Department’s 81st Precinct in Brooklyn, and the City of New York is located in both districts.
Transfer decision
Even when venue is proper, 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 considered the location of the underlying events and concluded that relevant documents and witnesses were likely located in the Eastern District. Based on the total circumstances, it found that transfer was appropriate.
Disposition
The court directed the clerk to transfer the action to the United States District Court for the Eastern District of New York and to mail Abdullah a copy of the order. It stated that the transferee court would decide whether Abdullah could continue without prepaying filing fees. No summons was to issue from the Southern District, and the order closed the case there. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.