Sheppard v. Leuze

Background

Jannil Christon-Scorpio Sheppard appears without a lawyer and seeks damages under 42 U.S.C. §§ 1981 and 1983. He sued Lt. Leuze #191 and other members of the New York City Police Department assigned to the department's 88th Precinct. The opinion states that the precinct is located in Brooklyn, New York.

Venue analysis

The court applied 28 U.S.C. § 1391(b), which identifies the federal districts where a civil case may be filed. The court said Sheppard did not allege that any defendant lived in the Southern District of New York or that a substantial part of the events or omissions supporting his claims occurred there. The court concluded that his claims arose in Brooklyn, Kings County, which is in the Eastern District of New York. It therefore found that venue was proper in the Eastern District under § 1391(b)(2), not in the Southern District.

Ruling

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a). It directed the Clerk to make the transfer, stated that the action was closed in the Southern District, and said that a summons would not issue from that court. The court left the question whether Sheppard could proceed without prepaying fees to the transferee court. It also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. Judge Colleen McMahon signed the order.