Pena v. The State of New York
- Laura Swain
- 1:22-cv-00493
- U.S. District Court · Southern District of New York
- 4
In Pena v. The State of New York, Judge Swain transferred Pena’s damages action to the Northern District of New York because the events and likely evidence were there.
Rafael Pena’s case was transferred from the Southern District of New York to the Northern District of New York; the transferee court will decide whether he may proceed without prepaying fees.
What happened
In Pena v. The State of New York, Rafael Pena, who is incarcerated and representing himself, sued the State of New York for damages. He alleged that correctional officers assaulted him, denied him property and medical attention, and falsely accused him of disciplinary violations at Mid-State Correctional Facility.
Judge Swain explained that the Southern District of New York could be a proper venue, but the Northern District of New York was also proper because the alleged events occurred at Mid-State in Oneida County. Relevant documents and witnesses were likely located there.
Judge Swain ordered the Clerk to transfer the action to the Northern District of New York under the federal venue-transfer statute. The order closed the case in the Southern District, left any decision about proceeding without prepaying fees to the transferee court, and denied fee-free status for any appeal.
The detailed version
- Pena v. The State of New York · No. 1:22-cv-00493
- Laura Swain
- Jan. 21, 2022
Background
Rafael Pena, appearing without a lawyer and incarcerated at Mid-State Correctional Facility, sued the State of New York for damages. Pena alleged that on April 28, 2021, while he was incarcerated at Mid-State, correctional officers assaulted him, denied him his property and medical attention, and falsely accused him of disciplinary infractions for which he was later punished.
Venue Analysis
The court explained that federal law permits a civil action to be filed in certain districts, including a district where a substantial part of the events occurred. The court stated that the State of New York resides throughout New York State, making any federal district in the state a proper venue under one part of the venue statute. It also determined that the Northern District of New York was a proper venue because Mid-State is in Marcy, Oneida County, which lies within that district.
The court applied the federal statute allowing transfer “[f]or the convenience of the parties and witnesses, in the interest of justice.” It concluded that transfer was appropriate because the underlying events occurred in the Northern District and relevant documents and witnesses were likely located there. The court considered the totality of the circumstances and found that the interest of justice favored transfer.
Disposition
The court directed the Clerk to transfer the action to the United States District Court for the Northern District of New York. The order closed the action in the Southern District of New York, stated that no summons would issue from that court, and left the question whether Pena could proceed without prepaying fees to the transferee court. The court also certified 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.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.