Arrotta v. Ulster County Sheriffs Department/Employeesl

Background

Christopher Arrotta, Leon Peters, and Donovan Holliet, Jr. brought this action without lawyers under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating constitutional rights. The plaintiffs were being held in the Ulster County Jail. They named John and Jane Doe employees of the Ulster County Sheriff’s Department, John and Jane Doe employees of the Ulster County Jail, Glatt Kosher Foods/Meal Mart, and Trinity Food Service as defendants. The opinion states that the plaintiffs alleged constitutional violations connected to the Ulster County Jail, where Glatt and Trinity provided food services.

Venue and transfer

The court explained that venue is generally proper 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 authority. Because the plaintiffs did not identify where the Doe defendants lived, the court could not determine whether venue was proper in the Southern District of New York based on the defendants’ residences. The court nevertheless concluded that venue was proper in the Northern District of New York because the events occurred in Ulster County, which is in that district.

The court also applied 28 U.S.C. § 1404(a), which permits transfer to another proper federal district for the convenience of the parties and witnesses and in the interest of justice. It found that transfer was appropriate because the events occurred in Ulster County, the plaintiffs were incarcerated there, the Doe defendants were employed there, and relevant documents and witnesses could reasonably be expected to be there.

Disposition

The court directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York. The court stated that the transferee court would decide whether the plaintiffs could proceed without prepaying fees. It also directed that summonses would not issue from the Southern District of New York and stated that the order closed the case there. The court certified that any appeal would not be taken in good faith and denied fee-free status for an appeal. Judge Laura Taylor Swain signed the order.