Fantasia v. Blinken

Background

Edward C. Fantasia, an American citizen who resides in Germany, filed this action without a lawyer. He asserted claims under the Age Discrimination in Employment Act of 1967 and German law arising from his employment at American consulates in Düsseldorf and Munich, Germany. He sued Anthony Blinken in his official capacity as Secretary of State.

Venue analysis

The court applied 28 U.S.C. § 1391(e)(1), which allows a civil action against a federal officer sued in an official capacity in certain districts, including one where the defendant resides. For venue purposes, a natural person resides where that person is domiciled.

Fantasia alleged that Secretary Blinken resides in Washington, D.C. The court therefore found that the U.S. District Court for the District of Columbia was a proper venue. The court found that venue was not proper in the Southern District of New York because Fantasia did not allege that he or Blinken resided there, or that a substantial part of the events or omissions underlying the claims occurred there.

Ruling and effect

Under 28 U.S.C. § 1406(a), the court directed the Clerk to transfer the action to the U.S. District Court for the District of Columbia. The order closed the action in the Southern District of New York, and a summons was not to issue from that court. The transferee court was to decide whether Fantasia could proceed without prepaying fees and whether a request for volunteer counsel should be made.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain signed the order.