Bazelais v. New York State Department of Corrections Community Supervision

Background

Wilner C. Bazelais, who was incarcerated at the George R. Vierno Center on Rikers Island, brought this self-represented action under 42 U.S.C. § 1983. He alleged that, on an unspecified date, two correction officers sprayed him with mace and assaulted him while he was in the custody of the New York State Department of Corrections and Community Supervision at Coxsackie Correctional Facility. The opinion also states that Bazelais alleged his claims generally arose at Coxsackie, Wallkill, and Great Meadow Correctional Facilities.

Venue analysis

The court explained that federal law generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction. The court concluded that venue did not appear proper in the Southern District of New York because the events underlying the claims occurred outside that district. The facilities identified in the opinion are in counties within the Northern District of New York.

The court also concluded that the sole named defendant, the New York State Department of Corrections and Community Supervision, was deemed to reside in the Northern District of New York because its principal office was in Albany. The court noted that it was unclear whether any defendant would reside in the Southern District if Bazelais amended the complaint to name the correction officers allegedly involved.

Transfer ruling

The court further held that transfer was appropriate under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. The alleged events occurred in the Northern District, and the court considered the total circumstances, including the location of the events and the uncertainty about Bazelais’s domicile. The court concluded that the action should be transferred to the United States District Court for the Northern District of New York.

The Clerk of Court was directed to transfer the action. The Southern District court closed the case there, and a summons was not to issue from that court. The transferee court was to determine whether Bazelais could proceed without prepaying fees. The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.

What the order did not decide

The court did not decide whether the alleged assault occurred, whether the correction officers violated Bazelais’s rights, or whether his claims would ultimately succeed.