Bryceland v. McFarland

Background

Marta Bryceland brought the action pro se, meaning without a lawyer, on behalf of N.B., identified in the caption as a minor. She alleged that Janet McFarland, identified as a Family Court judge, violated her rights in Richmond County Family Court on various dates in 2019, 2020, and 2021.

Venue analysis

Federal venue rules generally allow a civil action to be filed where a defendant resides, where a substantial part of the events or omissions giving rise to the claims occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction. The court found that Bryceland did not allege that McFarland resided in the Southern District of New York or that a substantial part of the relevant events occurred there.

The court determined that the claims arose in Staten Island, New York, which is in the Eastern District of New York. It therefore concluded that venue was proper in the Eastern District under 28 U.S.C. § 1391(b)(2).

Ruling and effect

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1406(a), the federal statute permitting transfer when venue is improper. The Clerk was directed to transfer the action, and the order stated that the Southern District case was closed. A summons was not to issue from the Southern District.

The court left to the Eastern District whether Bryceland could proceed without prepaying filing fees. It also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain did not decide the underlying allegations or whether Bryceland's claims had merit.