Trent v. Peddycoart

Background

Clarence W. Trent, who was incarcerated at Sing Sing Correctional Facility, brought this action without a lawyer. He alleged that Mark K. Peddycoart, Shield 4021; Timothy McGuire, Shield 1222; and Vito Gazzola, Sgt., members of the 7th Precinct of the Suffolk County Police Department, violated his rights during his arrest on August 17, 2017, in Mastic, Suffolk County, New York.

The court noted that it was not deciding whether Trent’s claims were timely. It explained that claims under 42 U.S.C. § 1983 generally use New York’s three-year limitations period for personal-injury actions and generally accrue when the plaintiff knows or has reason to know of the injury.

Venue Analysis

Federal venue law permits a civil action to be brought 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 personal jurisdiction. The court said Trent did not allege the defendants’ residences, although he provided the address of the Suffolk County Police Department’s 7th Precinct for each defendant.

The court concluded that the Eastern District of New York was a proper venue because the events giving rise to Trent’s claims occurred in Suffolk County, which is located in that district. It also concluded 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 events occurred in the Eastern District, and relevant witnesses and documents were likely located there.

Disposition

The court directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. A summons would not issue from the Southern District of New York, and that court closed the case. The court left to the transferee court the question of whether Trent could proceed without prepaying fees. It also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith. The order did not decide the merits or timeliness of Trent’s claims.