Silva v. Annucci

Background

Santo Carrero Silva, who is incarcerated at Eastern Correctional Facility and proceeding without a lawyer, sued Acting Commissioner Anthony J. Annucci, Superintendent Lynn J. Lilley, and Eastern Correctional Facility’s Medical Department. The complaint asserted claims under 42 U.S.C. § 1983, a federal civil-rights statute, and could also be understood to assert claims under Title II of the Americans with Disabilities Act.

Silva alleged that he was told he would have surgery on one toe but learned afterward that doctors had operated on three additional toes. He also alleged that he is deaf, speaks only Spanish, and was not provided an interpreter during pre-surgery consultations or on the day of the operation. He stated that the events occurred at Eastern Correctional Facility in Napanoch, New York, and that the pre-surgery procedures and operation occurred at Albany Medical Center in Albany, New York.

Venue and transfer

The court explained that venue may be proper where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Silva did not allege the defendants’ residences. He provided an Albany work address for Annucci and Napanoch work addresses for Lilley and the Medical Department; both counties are in the Northern District of New York.

The court stated that, even assuming venue was proper in the Southern District of New York, venue was also proper in the Northern District because substantial events occurred in Albany and Ulster Counties. Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when the transfer would serve the convenience of the parties and witnesses and the interests of justice.

The court found transfer appropriate because substantial events occurred in Albany and Ulster Counties, Silva was incarcerated there, the surgery occurred there, and most defendants appeared to reside there. The court also considered it reasonable to expect that relevant documents and witnesses would be there. It concluded that the Northern District appeared to be the more convenient forum.

Disposition

The court ordered the clerk to transfer the action to the United States District Court for the Northern District of New York. It ordered that a summons not issue from the Southern District of New York and stated that the order closed the case in that court. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The transfer order did not decide whether Silva’s civil-rights or disability claims were legally valid.