Bascom v. The Brookdale University Hospital and Medical Center

Background

Eglon Bascom filed this action without a lawyer against The Brookdale University Hospital and Medical Center. The complaint describes the claim as arising under Title VI of the Civil Rights Act of 1964, but the quoted parenthetical says “Title VII,” and the court analyzed venue under Title VII’s employment-discrimination venue provision. Bascom alleged that Brookdale discriminated against him based on race by keeping him as a “non-active unpaid employee” and denying or interfering with his residency application. He asked the court to require Brookdale to release him to Johns Hopkins Hospital and sought $950 billion and ownership of the hospital and its clinics.

Bascom attached a Brookdale human-resources memo stating that he had been employed there as a medical resident from July 1, 1998, through June 30, 1999, and that his status was “non active.” He also attached a 2021 letter asking Brookdale’s president and CEO and the hospital’s law firm to release him to Johns Hopkins.

Venue and Transfer

The court held that the Southern District of New York was a proper venue under Title VII because the alleged events occurred in Brooklyn. Under 28 U.S.C. § 1404(a), however, a federal district court may transfer a case for the convenience of the parties and witnesses and in the interest of justice. The court explained that it could order a transfer on its own initiative.

The court relied on an earlier injunction issued by the Eastern District of New York. That injunction barred Bascom from filing a new case against Brookdale, or related to his prior Brookdale residency, in that court without first obtaining permission. The Southern District concluded that filing in the Southern District avoided that injunction and that the case should instead be heard in the Eastern District, which had issued the injunction and could determine whether Bascom may proceed.

Ruling and Effect

Judge Laura Taylor Swain directed the Clerk to transfer the action to the United States District Court for the Eastern District of New York. The transferee court was to decide whether Bascom could proceed without prepaying filing fees. The Southern District directed that no summons issue, terminated any pending motions, and stated that the order closed the case in that district. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion did not decide the merits of Bascom’s discrimination allegations.