Jason v. Beslow

Background

Yassha Jason, who was proceeding without a lawyer, sued Vernon L. Beslow, III; Judge Joseph Ellis; Judge Ricardo Rigual; Judge Georgia K. Sutton; and Acting Judge Valerie Jean Mayo. She asserted federal constitutional and state-law claims and invoked federal-question and diversity jurisdiction. Jason resides in Brooklyn, New York, and listed Virginia addresses for all defendants.

Venue analysis

Federal venue law generally permits a civil case to proceed in a district where all defendants reside, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. The court found that Jason did not allege that any defendant resided in the Southern District of New York or that a substantial part of the relevant events occurred there. The opinion states that the claims arose in and around Spotsylvania County, Virginia, and that all defendants resided there or elsewhere within the Eastern District of Virginia.

Ruling and effect

The court ordered the Clerk to transfer the action to the United States District Court for the Eastern District of Virginia under 28 U.S.C. § 1406(a), a statute allowing transfer when venue is improper. The court closed the case in the Southern District of New York. It left the question of whether summonses should issue to the transferee court. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The order did not resolve the merits of Jason’s claims.