Bazelais v. The State of New York
- Laura Swain
- 1:22-cv-03375
- U.S. District Court · Southern District of New York
- 4
In Bazelais v. The State of New York, Judge Swain transferred the case to the Eastern District of New York because Brooklyn events belonged there.
Wilner C. Bazelais’s case was moved from the Southern District of New York to the Eastern District of New York; the transferee court will address any further proceedings, including whether he may proceed without prepaying fees.
What happened
In Bazelais v. The State of New York, Wilner C. Bazelais, who was detained at the George R. Vierno Center on Rikers Island and represented himself, sued New York state and local court and police entities over events he said occurred in Brooklyn. The case was filed in the Southern District of New York.
The court explained that Brooklyn is in the Eastern District of New York and that the events, likely witnesses, and relevant documents were connected to that district. It concluded that transferring the case would serve the parties’ convenience and the interests of justice, even though the Southern District could also be a proper venue.
Judge Laura Taylor Swain ordered the Clerk to transfer the action to the Eastern District of New York and closed the Southern District case. The court did not decide the underlying claims; the transferee court will decide whether Bazelais may proceed without paying filing fees, and the court denied payment-free status for any appeal from this order.
The detailed version
- Bazelais v. The State of New York · No. 1:22-cv-03375
- Laura Swain
- Apr. 28, 2022
Background
Wilner C. Bazelais, who was detained at the George R. Vierno Center on Rikers Island, brought this action without a lawyer. He sued the State of New York; the Brooklyn Superior Court; the Brooklyn Supreme Court; the Appellate Division Supreme Court; the Second Judicial Department; and the New York City Police Department’s 83rd Precinct. He alleged that the events underlying his claims occurred in Brooklyn, in Kings County.
Venue and Transfer Analysis
Venue is the federal district where a case may properly be heard. The court explained that federal law allows a civil action to be brought where a substantial part of the events occurred or where defendants reside, among other circumstances. Kings County is in the Eastern District of New York. The court also stated that the New York City government and the New York City Police Department reside in both the Southern and Eastern Districts of New York for venue purposes. Thus, the Southern District could be an appropriate venue, but the Eastern District was also a proper venue.
The court applied 28 U.S.C. § 1404(a), which allows a court to transfer a case for the convenience of the parties and witnesses and in the interests of justice. It considered the connection to Kings County and concluded that relevant documents and witnesses were likely located in the Eastern District. Based on the total circumstances, the court found that transfer was appropriate. The court did not reach the merits of Bazelais’s allegations or decide whether any defendant violated his rights.
Order
The court directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York and stated that the order closed the Southern District case. It stated that the transferee court would decide whether Bazelais could proceed without paying filing fees. No summons would issue from the Southern District. The court also certified that an appeal would not be taken in good faith and denied payment-free status for purposes of an appeal from the order.
Disposition
The action was transferred to the Eastern District of New York under Section 1404(a). The order was entered by Chief United States District Judge Laura Taylor Swain.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.