Besley v. LaBeau

Background

Jeffrey S. Besley, who was incarcerated at Marcy Correctional Facility and proceeded without a lawyer, brought an action under 42 U.S.C. § 1983. He alleged that Jennifer R. LeBeau and John S. Schwenkler, identified as employees of the Chemung County Public Defender, provided ineffective assistance during his criminal proceedings. The alleged events occurred in Chemung County, New York.

Venue Analysis

Venue is the federal district where a civil action may properly be filed. The court explained that federal law generally allows a case to be filed where a defendant resides or where a substantial part of the events giving rise to the claims occurred. Besley did not allege the defendants’ residences, but he alleged that the events underlying his claims occurred in Chemung County. The court therefore concluded that venue was not proper in the Southern District of New York and that venue lay in the Western District of New York.

Disposition

Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court transferred the action to the United States District Court for the Western District of New York. The Clerk was directed to make the transfer, no summons was to issue from the Southern District of New York, and the order closed the case there. The receiving court was left to decide whether Besley could proceed without prepaying fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal from the order. Judge Laura Taylor Swain did not decide the merits of Besley’s allegations.