Talal v. The City of Elizabeth

Background

Najma Ibn Talal, proceeding without a lawyer, brought a federal-question action under 28 U.S.C. § 1331 against the City of Elizabeth. She alleged that the City violated her constitutional rights. The opinion states that Talal resides in Brentwood, New York, and that the alleged violations occurred in Elizabeth, New Jersey.

Venue analysis

Under 28 U.S.C. § 1391(b), venue generally is 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 personal jurisdiction. The court concluded from the complaint that venue was not proper in the Southern District of New York because the defendant is located in New Jersey and the alleged events occurred there. The court determined that venue was proper in the District of New Jersey under § 1391(b)(2).

Ruling and effect

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. The court transferred the action to the United States District Court for the District of New Jersey in the interest of justice. The clerk was directed to transfer the action, and the Southern District of New York case was closed. A summons was not issued from that court.

The court stated that the transferee court would decide whether Talal may proceed without prepaying fees. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion does not decide the merits of Talal’s constitutional-rights allegations.