Strothers v. John Doe

Background

Joseph Strothers, who was incarcerated at Greene Correctional Facility, brought this case without a lawyer under 42 U.S.C. § 1983. He alleged that the superintendents of Wallkill Correctional Facility and Shawangunk Correctional Facility violated his constitutional rights while he was incarcerated at those facilities.

Venue Analysis

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 limited circumstances, where a defendant is subject to the court’s authority. Strothers did not allege where the defendants resided. He did allege that the events giving rise to his claims occurred at Wallkill and Shawangunk, both located in Ulster County, New York.

The court concluded that venue was not proper in the Southern District of New York. Ulster County is in the Northern District of New York, so that district was a proper venue because the claims arose there.

Ruling

Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transfer is in the interest of justice. Judge Laura Taylor Swain ordered the clerk to transfer the action to the United States District Court for the Northern District of New York. The order did not dismiss the action. It stated that the receiving court would decide whether Strothers could proceed without prepaying fees, that no summons would issue from the Southern District, and that the Southern District case was closed. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.