Booker v. John Doe 8-4 Shift Correctional Officer

Background

Diquan Booker, who is incarcerated at Washington Correctional Facility in Comstock, New York, brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that two unnamed John Doe 8-4 shift correctional officers violated his federal constitutional rights at that facility.

Venue and transfer analysis

The court explained that venue is proper under 28 U.S.C. § 1391(b)(2) in the district where a substantial part of the events occurred. Because the alleged events occurred at Washington Correctional Facility, located in Washington County in the Northern District of New York, venue was proper there. The court said it was unclear whether venue was proper in the Southern District of New York based on the defendants’ residences because Booker did not provide facts about those residences.

The court also applied 28 U.S.C. § 1404(a), which permits transfer to another district for the convenience of the parties and witnesses and in the interest of justice, even when venue is proper in the original district. The court found transfer appropriate because the underlying events occurred at Washington Correctional Facility and it was reasonable to expect that relevant documents and witnesses would also be there. It concluded that the Northern District of New York appeared to be the more convenient forum.

Ruling

Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York. The Southern District of New York case was closed, and no summons would issue from that court. The transferee court will decide whether Booker may proceed without prepaying fees. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.