Kane v. City of New York
- Laura Swain
- 1:22-cv-01711
- U.S. District Court · Southern District of New York
- 4
In Kane v. City of New York, Judge Swain transferred the case to the Eastern District of New York because the alleged events occurred in Queens.
Nickie Kane's lawsuit against the City of New York, the New York City Police Department, Sergeant Pumella, Officer John Doe, and Officer Jane Doe was transferred from the Southern District of New York to the Eastern District of New York.
What happened
Nickie Kane sued the City of New York, the New York City Police Department, Sergeant Pumella, and two unidentified officers without a lawyer. She alleged that the defendants violated her rights in Richmond Hill, Queens County.
The court found that the Eastern District of New York was a proper venue because the alleged events occurred there and likely witnesses and documents were there. Although the Southern District of New York could also hear the case, the court transferred it for the convenience of the parties and witnesses and in the interest of justice.
Judge Swain directed the clerk to transfer the action, stated that the order closed the case in the Southern District, and left any decision about proceeding without prepaying fees to the receiving court. The court also denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Kane v. City of New York · No. 1:22-cv-01711
- Laura Swain
- Mar. 4, 2022
Background
Nickie Kane brought this action without a lawyer against the City of New York; the New York City Police Department; Sergeant Pumella; Officer John Doe; and Officer Jane Doe. Kane alleged that the defendants violated her rights in Richmond Hill, in Queens County, New York.
Venue
The court explained that federal law generally permits a civil action to be brought where a defendant resides or where a substantial part of the events giving rise to the claims occurred. Queens County is in the Eastern District of New York. The court therefore concluded that the Eastern District was a proper venue because Kane alleged that the events occurred there. The court also stated that the City of New York and the New York City Police Department could reside in both the Southern and Eastern Districts of New York for venue purposes, so the Southern District was also an appropriate venue under one part of the venue statute.
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 that the events occurred in Queens County and that relevant documents and witnesses were likely located there. Based on the circumstances as a whole, it concluded that transfer was appropriate and directed the clerk to transfer the action to the United States District Court for the Eastern District of New York.
Other rulings
The court stated that the receiving court would decide whether Kane could proceed without prepaying filing fees. It directed that no summons issue from the Southern District and stated that the order closed the case there. The court certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order transferred the case without deciding the underlying allegations or claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.