Hernandez v. Spano
- Laura Swain
- 1:21-cv-11112
- U.S. District Court · Southern District of New York
- 4
In Hernandez v. Spano, Chief Judge Swain transferred the incarcerated plaintiff’s constitutional-rights action to New York’s Northern District.
Eryn J. Hernandez’s case was transferred from the Southern District of New York to the Northern District of New York; the defendants and the receiving court were also affected by the transfer.
What happened
Eryn J. Hernandez, who is incarcerated, sued correctional staff assigned to Ulster Correctional Facility and the New York State Department of Corrections and Community Supervision, alleging violations of federal constitutional rights. The case was filed in the Southern District of New York.
The court found that the events occurred at Ulster Correctional Facility in Ulster County, which is in the Northern District of New York. Because that district was a proper venue and was more connected to the events and individual defendants, the court concluded that transferring the case served the interests of justice.
Chief Judge Laura Taylor Swain ordered the Clerk to transfer the action to the Northern District of New York. The court left decisions about proceeding without prepaying fees and possible volunteer counsel to the receiving court, closed the action in the Southern District, and denied fee-free appeal status.
The detailed version
- Hernandez v. Spano · No. 1:21-cv-11112
- Laura Swain
- Jan. 4, 2022
Background
Eryn J. Hernandez, who was incarcerated at Groveland Correctional Facility, brought this self-represented action alleging that the defendants violated federal constitutional rights. The defendants included correctional staff assigned to Ulster Correctional Facility and the New York State Department of Corrections and Community Supervision (DOCCS).
Venue analysis
The court explained that federal law generally permits a civil action to be brought where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Hernandez did not allege where the individual correctional-staff defendants reside, so the court could not determine whether the Southern District was a proper venue under the residence provision.
The court did determine that the Northern District of New York was a proper venue because the alleged events occurred at Ulster Correctional Facility in Napanoch, Ulster County, and Ulster County is in that district. The individual defendants were assigned to that facility.
Transfer ruling
Under 28 U.S.C. § 1404(a), a court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court considered the connection between the case and Ulster County and concluded that transfer was appropriate based on the total circumstances. This was a venue decision; the court did not decide whether Hernandez’s constitutional claims were valid.
Chief Judge Laura Taylor Swain directed the Clerk to transfer the action to the United States District Court for the Northern District of New York. The receiving court would decide whether Hernandez could continue without prepaying fees and whether volunteer counsel should be requested. The Southern District court ordered that no summons issue from it and stated that the order closed the action in that court. It also certified that an appeal would not be taken in good faith and denied Hernandez permission to appeal without prepaying fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.