Rizzo v. New York State

Background

Jonathan Rizzo, who was incarcerated at Upstate Correctional Facility, filed this action without a lawyer. He alleged that four John Doe correction officers at Upstate used excessive force against him on January 23, 2022, and caused injuries. He also named New York State’s Department of Corrections and Community Supervision as a defendant.

Venue analysis

The court addressed whether the case was filed in the proper federal district, a question known as venue. Rizzo did not allege where the individual defendants lived. The complaint alleged, however, that the events occurred at Upstate, which is in Malone, Franklin County, New York. Franklin County is within the Northern District of New York.

The court concluded that the Southern District of New York was not a proper venue under the federal venue statute. It determined that the claims arose in Franklin County and that the action could have been brought in the Northern District of New York. Under the statute governing cases filed in the wrong venue, a court may transfer the case when doing so serves the interests of justice.

The opinion also states that the Department of Corrections and Community Supervision, as an arm of New York State, is protected by the Eleventh Amendment from damages suits in federal court. The court said that naming that agency did not change its venue determination.

Disposition

Judge Laura Taylor Swain ordered the clerk to transfer the action to the United States District Court for the Northern District of New York. The order closed the case in the Southern District of New York. It states that the transferee court must decide whether Rizzo may proceed without paying filing fees, and that no summons would issue from the Southern District. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion did not decide whether the alleged excessive force occurred or whether Rizzo’s claims otherwise succeed.