Jean-Louis v. ACS

Background

Ralph Jean-Louis filed this action against the New York City Administration for Children’s Services (ACS). He alleged that, on February 7, 2019, in Queens Family Court, his children were taken from him without his permission and without a judge’s permission. He also described an open ACS case and allegations by his ex-wife and her mother involving sexual abuse, sex trafficking, drug trafficking, and gun trafficking. He stated that these events resulted in his parental rights being terminated or limited. He sought assistance in pressing charges and getting his children back from the City.

The complaint’s caption named ACS as the defendant, while the body also named several people identified as ACS lawyers or case workers, a therapist, and other lawyers. The opinion states that these individuals worked in Queens and Suffolk Counties. Jean-Louis paid the filing fee.

Venue and Transfer

The court explained that federal law permits a civil action to be filed in certain districts connected to the defendants or the events underlying the claims. It determined that ACS did not have the capacity to be sued under the New York City Charter. The court nevertheless assumed that Jean-Louis intended to assert claims against the City of New York, which resides in the Southern District of New York. On that assumption, venue was proper in the Southern District.

The court then applied 28 U.S.C. § 1404(a), which permits transfer to another federal district for the convenience of the parties and witnesses and in the interest of justice, even when the original venue is proper. The court identified three reasons supporting transfer: the City of New York resides in Queens County, making venue proper in the Eastern District of New York; the people named in the body of the complaint worked, and possibly resided, in Queens or Suffolk Counties; and the underlying events occurred in Queens County, where relevant documents were reasonably expected to be located. The court also gave Jean-Louis’s choice of the Southern District less weight because he did not reside in that District and the operative events did not occur there.

Ruling

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). It directed the Clerk of Court to transfer the action, ordered that a summons not issue from the Southern District of New York, and stated that the order closed the case there. The court also certified that any appeal would not be taken in good faith and denied fee-free appeal status. Judge Liman did not decide the merits of Jean-Louis’s allegations about his children or parental rights.