Lawtone-Bowles v. Liberty University

Background

Nicole Lawtone-Bowles filed this action against Liberty University, Liberty University School of Health Sciences, Brendan Hayne, and Grant M. Rost. The caption identifies Hayne as a defendant; the body of the opinion spells his name "Haynie." The opinion states that Lawtone-Bowles was enrolled in Liberty University’s online courses and that her claims arose from alleged online grading and email disputes with university faculty and officials. The court had previously construed the complaint as asserting claims under Title IX of the Educational Amendments Act and/or Title II of the Americans with Disabilities Act. In her later declaration, Lawtone-Bowles specified that she was asserting Title IX claims and state-law claims.

Lawtone-Bowles proceeded without a lawyer. The court had granted her permission to proceed without paying filing fees. It then ordered her to explain why the case should not be transferred to the Western District of Virginia under 28 U.S.C. § 1404(a), which allows a court to move a case to another proper federal district for the convenience of the parties and witnesses and in the interest of justice.

Venue Analysis

The court explained that federal venue was governed by 28 U.S.C. § 1391(b). The opinion states that Liberty University and the Liberty University School of Health Sciences were alleged to reside in Lynchburg, Campbell County, Virginia, and that the individual defendants appeared to reside in the same city and county. Campbell County is within the Western District of Virginia. The court therefore concluded that Virginia was a proper venue because all defendants appeared to reside there.

The court considered Lawtone-Bowles’s position that the university entities resided in New York because they transmitted online courses to students there. Even assuming those entities resided in New York for venue purposes, the court found that Lawtone-Bowles had alleged no facts showing that the two individual defendants resided anywhere in New York. The court therefore concluded that New York was not a proper venue on the basis that all defendants resided there.

The court nevertheless acknowledged that New York might be a proper venue because Lawtone-Bowles alleged that events occurred in Highland Falls and West Point, New York, and that she attended online courses transmitted from Liberty University while at locations in New York. The court also found that Virginia was a proper venue because a substantial part of the alleged events occurred at Liberty University.

Transfer Decision

Applying Section 1404(a), the court found transfer appropriate. It emphasized that many underlying events occurred at Liberty University in the Western District of Virginia, that all defendants appeared to be located there, and that relevant documents and witnesses could reasonably be expected to be there. The court concluded that Virginia appeared to be the more appropriate forum. The order addressed venue and convenience; it did not decide whether Lawtone-Bowles’s claims were legally valid or whether she would prevail.

Disposition

Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the United States District Court for the Western District of Virginia. The court stated that a summons would not issue from the Southern District of New York and that the order closed the action in that court. It also certified that any appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The opinion did not state that the action was dismissed, or that the transfer was with or without prejudice.