Carey v. Slaney

Background

Alisa Carey, who is incarcerated at the Kennebec County Correctional Facility in Augusta, Maine, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating constitutional rights. She alleged that the defendants violated her constitutional rights and stated that she had been “denied court.” The defendants named in the complaint were Captain Slaney, Justice Michelle Lumbart, Bill Escongene, Mark Escongene, and Jessie Sanipas.

Venue analysis

The court explained that federal law generally permits a civil case to proceed in a district where the defendants reside, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. Carey did not allege the defendants’ residences, but she alleged that the events occurred in Augusta, Maine, and that the defendants were employed there. The court stated that, based on the complaint, venue was not proper in the Southern District of New York because the defendants were located in Augusta and the alleged events occurred there.

Disposition

Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. The court concluded that the claims arose in Augusta, which is in the District of Maine, and transferred the action there. The clerk was directed to transfer the case, and the order stated that the New York case was closed. A summons was not to issue from the Southern District of New York. The court left to the District of Maine the question whether Carey could proceed without prepaying fees. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.