Rioux v. United States of America

Background

Lee Ann Rioux, proceeding without a lawyer, sued the United States of America (Postal Service), Orr & Reno, PLLC, other defendants, John Doe, and Sally Roe. She asserted claims under 42 U.S.C. § 1983, the Racketeer Influenced and Corrupt Organizations Act (RICO), and state law. The opinion states that the claims arose from Rioux's employment with the United States Postal Service in Conway, New Hampshire.

A footnote explains that, if unidentified federal actors rather than state actors violated Rioux's constitutional rights, the claims could instead be understood as claims under an implied legal remedy recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. The court left that issue to the transferee court. The court also noted that Rioux's tort claims against the United States could be understood as claims under the Federal Tort Claims Act.

Venue analysis

Venue is the federal district where a case may properly be litigated. The court applied the general venue statute, 28 U.S.C. § 1391, and the RICO venue provision, 18 U.S.C. § 1965(a). It found that all events or omissions underlying Rioux's claims occurred in New Hampshire and that most defendants resided, were found, had an agent, or conducted business there. The court therefore concluded that venue did not appear proper in the Southern District of New York and that venue was proper in the District of New Hampshire.

Ruling

Chief Judge Colleen McMahon ordered the Clerk to transfer the action to the United States District Court for the District of New Hampshire under 28 U.S.C. § 1406(a). The order also states that the Southern District of New York case is closed, that no summons would issue from that court, and that the transferee court would decide whether Rioux could proceed without prepaying fees. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The order transferred the case; it did not decide the underlying claims.