Scales v. The Supreme Court of the United States
- Laura Swain
- 1:22-cv-07292
- U.S. District Court · Southern District of New York
- 3
In Scales v. The Supreme Court of the United States, Judge Swain transferred the case to the Eastern District of New York because the events occurred in Kings County.
William Scales and the defendant identified in the complaint; the case was transferred from the Southern District of New York to the Eastern District of New York.
What happened
In Scales v. The Supreme Court of the United States, William Scales filed a lawsuit without a lawyer and identified the defendant as the U.S. Supreme Court. But the complaint gave the address of the New York State Supreme Court in Kings County and said the events happened there, so the court understood the claims to concern that New York court.
The court concluded that the Eastern District of New York was a proper and more convenient location because Kings County is in that district, the events occurred there, and relevant documents and witnesses would likely be there. It therefore transferred the action to that court rather than deciding the claims.
Judge Swain directed the clerk to transfer the case, stated that the receiving court would decide whether Scales could proceed without paying filing fees, and ordered that no summons issue from the Southern District of New York. The order closed the case in that district and denied fee-free status for any appeal.
The detailed version
- Scales v. The Supreme Court of the United States · No. 1:22-cv-07292
- Laura Swain
- Aug. 30, 2022
Background
William Scales, proceeding without a lawyer, filed this federal-question action against “The Supreme Court of the United States.” He alleged that the defendant violated his rights in “King County, Brooklyn.” The complaint, however, listed 360 Adams Street in Kings County, New York—the address of the New York State Supreme Court, Kings County—and identified that court as the place where the events occurred. The court therefore understood the complaint as asserting claims against the New York State Supreme Court, Kings County.
Venue and transfer
The court explained that federal law generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in certain circumstances, where the defendant is subject to the court’s authority. Kings County is within the Eastern District of New York. Because the alleged events occurred there, venue was proper in that district. The court also noted that, if the claims were understood as being against the New York State Unified Court System, venue might arguably be proper in both the Southern and Eastern Districts of New York.
Even when venue is proper, 28 U.S.C. § 1404(a) permits transfer to another district where the case could have been brought when transfer would serve the convenience of the parties and witnesses and the interests of justice. The court found transfer appropriate because the underlying events occurred in Kings County, the defendant was located there, and relevant documents and witnesses could reasonably be expected to be there. It concluded that the Eastern District of New York appeared to be the more convenient forum.
Disposition
The court transferred the action to the United States District Court for the Eastern District of New York. The clerk was directed to transfer the case, and the order stated that the receiving court would decide whether Scales could proceed without prepaying fees. The Southern District of New York ordered that no summons issue from that court and stated that the order closed the case there. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.