Gandolfo v. City of Medford and its Police Department

Background

Michael S. Gandolfo, who represented himself, filed an action under 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations Act, and state law. He sued the City of Medford, Massachusetts; the City of Medford Police Department; two unidentified police officers; Detective Patricia Sullivan; the Clerk-Magistrate of the Somerville District Court; Lena Gasparro; Mark Ruby, Esq.; and Libby Fulgione, Esq.

Gandolfo’s claims arose from events in Massachusetts, including his arrest, prosecution, and conviction. The opinion states that Gandolfo’s complaint identified his residence as Medford, Massachusetts, although his address of record was in North Conway, New Hampshire.

Venue Analysis

Venue is the federal judicial district where a case may properly be heard. For the § 1983 and state-law claims, the court applied 28 U.S.C. § 1391(b), which generally permits suit where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction. For the racketeering claims, the court applied 18 U.S.C. § 1965(a), which permits suit where a defendant resides, is found, has an agent, or conducts affairs.

The court concluded that the Southern District of New York was not a proper venue. Gandolfo had not alleged that any defendant resided there or that a substantial part of the relevant events occurred there. He also had not alleged that any defendant resided, was found, had an agent, or conducted affairs there for purposes of the racketeering claims. Because the events occurred in Massachusetts and the defendants appeared to have the relevant connections there, the court determined that the District of Massachusetts was the proper venue.

Ruling

Judge McMahon transferred the action to the United States District Court for the District of Massachusetts under 28 U.S.C. § 1406(a). The court directed its clerk to mail the order to Gandolfo and record service, stated that a summons would not issue from the Southern District of New York, and closed the action there. It left the decision about whether Gandolfo could proceed without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.