Farrow v. Plante

Background

Justin Farrow, who was incarcerated, brought a self-represented action under 42 U.S.C. § 1983. He asserted claims based on events at Attica, Clinton, Sing Sing, and Great Meadow Correctional Facilities, involving different defendants and dates. The allegations included retaliation, disciplinary charges, medical treatment, sexual harassment, excessive force, conditions of confinement, and related misconduct. Farrow also stated that he wished to assert a claim against the New York State Department of Corrections and Community Supervision under the Racketeer Influenced and Corrupt Organizations Act.

Severance and Joinder

Federal Rule of Civil Procedure 18 permits a plaintiff to join multiple claims against one defendant. Rule 20 permits multiple defendants to be joined only when the claims arise from the same transaction or series of transactions and involve a common legal or factual question. Rule 21 allows a court to sever claims or parties when they are not properly joined.

The court held that claims arising at the four facilities were not properly joined. The claims involved different facilities, events, defendants, witnesses, and evidence. The court also concluded that Farrow’s allegations about a broader conspiracy among correctional staff did not provide a plausible basis for joining otherwise unrelated claims in one action.

The court therefore severed the claims arising at Attica, Clinton, and Great Meadow. It directed the Clerk of Court to open a new civil-rights action for each facility’s claims:

- The Attica claims, against the defendants identified in the order, were to be transferred to the Western District of New York. - The Clinton claims, against the defendants identified in the order, were to be transferred to the Northern District of New York. - The Great Meadow claims, against the New York State Department of Corrections and Community Supervision and John and Jane Doe defendants, were to be transferred to the Northern District of New York.

The original action remained open but was limited to the claims arising at Sing Sing against the defendants identified in the order. The court stated that it would address those claims by separate order.

Venue and Transfer

The court explained that venue is generally proper where a substantial part of the events occurred. The Attica events occurred in Wyoming County, which is in the Western District of New York. The Clinton and Great Meadow events occurred in counties within the Northern District of New York. The court found that venue was proper in those districts under 28 U.S.C. § 1391(b)(2).

The court also applied 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. Because the relevant events occurred outside the Southern District of New York and the likely witnesses and documents were located where the claims arose, the court found transfer appropriate.

Other Rulings

The court had granted Farrow permission to proceed without prepaying filing fees in the original action. It left the decision about filing-fee status in the newly created actions to the courts receiving those cases. The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.

Disposition

Judge Laura Taylor Swain severed the Attica, Clinton, and Great Meadow claims; directed the Clerk of Court to open a new civil-rights action for each group of claims; and ordered the specified transfers. The court did not decide the merits of the underlying allegations in this transfer order.