Velez v. Paredez

Background

Michael-Tony Velez filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating federal rights. He alleged that the defendants violated his constitutional rights. The opinion states that he appeared to challenge his placement in “Special Housing Long Term Keep Lock” at Clinton Correctional Facility after an alleged refusal to take a tuberculosis test. He also challenged the conditions of confinement, alleged that his placement caused him to lose a parole hearing, and sought an order removing him from that housing and granting him a parole hearing.

The defendants included a parole officer; correctional-facility superintendents, medical personnel, and grievance officials; the New York State Board of Parole and its commissioners; and unidentified defendants. The court had previously granted Velez permission to proceed without paying the filing fee.

Venue and Transfer

The court explained that federal law generally allows a civil case to be filed where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to the court’s authority. The court said the complaint was not clear, but it appeared that the events underlying the claims occurred at Clinton Correctional Facility in Clinton County. Because Clinton County is in the Northern District of New York, that district was a proper venue.

The court noted that the Southern District of New York might also be a proper venue because the plaintiff listed defendants with addresses in several New York counties, including counties in both districts. But 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 the location of the events, likely evidence and witnesses, and the apparent locations of many defendants. It concluded that transfer to the Northern District of New York was appropriate.

Disposition

The Clerk of Court was directed to transfer the action to the United States District Court for the Northern District of New York. The Southern District court ordered that no summons issue and stated that the order closed the case there. The court also certified that any appeal would not be taken in good faith and denied permission to proceed without paying the filing fee for purposes of an appeal. The order did not decide whether Velez’s constitutional claims were valid.

Judge

Laura Taylor Swain, Chief United States District Judge.