Moussa v. Obama

Background

Momen Mahmoud Moussa, who was representing himself, sued former President Barack Obama and Christopher Wray, identified in the opinion as the current Director of the Federal Bureau of Investigation. Moussa asserted claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, a decision recognizing certain damages claims against federal officials. He sought damages and the appointment of a special prosecutor.

The opinion states that Moussa resides in Brooklyn, Kings County, New York. He alleged that Wray resides in Washington, D.C., did not allege where Obama resides, and alleged that events underlying his claims—including an assault by a police officer—occurred in Brooklyn.

Venue Analysis

The court applied the federal venue statute, 28 U.S.C. § 1391(b). It explained that a case may generally be filed where a defendant resides, where a substantial part of the relevant events occurred, or, if neither of those options applies, where a defendant is subject to the court’s personal jurisdiction for the action.

Based on the allegations in the complaint, the court concluded that the Southern District of New York was not a proper venue under the residence or events provisions. Because the alleged events occurred in Kings County, which is within the Eastern District of New York, the court determined that venue was proper there.

Ruling

Under 28 U.S.C. § 1406(a), when a civil action is filed in the wrong venue, the court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. Judge Laura Taylor Swain ordered the clerk to transfer the action to the United States District Court for the Eastern District of New York. The order states that a summons would not issue from the Southern District and that the action was closed there.

The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not decide the merits of Moussa’s claims.