Jameson v. Dickson

Background

Rosado Jameson, proceeding without a lawyer, brought constitutional claims under the Second and Fourth Amendments. The defendants were Joseph A. Dickson, a former magistrate judge of the District of New Jersey; Jerry Sanseberino, a deputy United States marshal for that district; Sergeant E. Stentella of the Carteret, New Jersey Police Department; and Officer Mike Kelly of the same department. Jameson alleged that the events underlying the claims occurred in New Jersey and listed New Jersey work addresses for the defendants.

Venue Analysis

The court applied 28 U.S.C. § 1391(b), the general federal venue statute. That statute allows a civil action to be filed where a defendant resides, where a substantial part of the relevant events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction. The court concluded that venue was not proper in the Southern District of New York because Jameson did not allege that any defendant resided there or that a substantial part of the relevant events occurred there.

The court determined that venue was proper in the District of New Jersey because the underlying events occurred there and the defendants likely resided there. It therefore ordered the action transferred under 28 U.S.C. § 1406(a), which permits transfer when a case is filed in the wrong venue.

Ruling and Disposition

Judge Laura Taylor Swain directed the Clerk to transfer the action to the United States District Court for the District of New Jersey. The court stated that the transferee court would decide whether Jameson could proceed without prepaying fees. It also directed that no summons issue from the Southern District of New York and stated that the order closed the case there. The court certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.