Hilton v. National Railroad Passenger Corporation
- Laura Swain
- 1:22-cv-09827
- U.S. District Court · Southern District of New York
- 4
In Hilton v. National Railroad Passenger Corporation, Judge Swain transferred Hilton’s action to Virginia because the key events occurred there.
Robert Hilton’s case was transferred from the Southern District of New York to the Western District of Virginia. The order affected Hilton and the named and unidentified defendants by moving the case to another federal district without deciding the underlying claims.
What happened
In Hilton v. National Railroad Passenger Corporation, Robert Hilton, representing himself, sued Amtrak, another named Amtrak defendant, and an unidentified conductor. He claimed that his constitutional, disability, and state-law rights were violated after he was removed from an Amtrak train.
The court found that both New York and Virginia could be proper locations for the case. But because the alleged removal, police involvement, and search for alternative transportation occurred in Lynchburg, Virginia, the court decided that the Western District of Virginia was a more suitable court.
Judge Laura Taylor Swain ordered the case transferred to the Western District of Virginia. She did not decide whether Hilton’s claims were legally valid, and she left the question of proceeding without paying court fees to the Virginia court. She also denied fee-free status for any appeal from this order.
The detailed version
- Hilton v. National Railroad Passenger Corporation · No. 1:22-cv-09827
- Laura Swain
- Nov. 28, 2022
Background
Robert Hilton filed this case without a lawyer against the National Railroad Passenger Corporation, which the opinion identifies as Amtrak; “Amtrak Railroad,” also identified as Amtrak; and an unidentified Amtrak railroad conductor. Hilton alleged that events on or about November 11, 2022, including his removal from an Amtrak train, violated his federal constitutional rights, the Americans with Disabilities Act, the Rehabilitation Act, and state law. He sought money damages and an order requiring action by the defendants. Hilton alleged that he boarded the train at Pennsylvania Station in New York and was removed at a station in Lynchburg, Virginia, while traveling toward Alabama.
Venue and Transfer
The court considered the federal venue statute, which identifies where a case may be filed. It concluded that the Southern District of New York appeared to be a proper venue because Hilton alleged that Amtrak was incorporated under New York law and had its principal place of business somewhere in New York, and he appeared to allege that the unidentified conductor resided at Pennsylvania Station in New York.
The court also concluded that the Western District of Virginia was a proper venue because Lynchburg is in Campbell County, within that district, and Hilton alleged that the events underlying his claims occurred there. Under 28 U.S.C. § 1404(a), a court may transfer a case to another proper federal district for the convenience of the parties and witnesses and in the interest of justice.
Ruling
The court held that transfer was appropriate. It relied on Hilton’s allegations that the train removal, the summoning of Virginia police, and his efforts to obtain alternative transportation after being barred from Amtrak trains occurred in Lynchburg. The court therefore expected that relevant witnesses and documents would also be located in the Western District of Virginia.
Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Western District of Virginia. The order closes the action in the Southern District of New York, and summonses were not to issue from that court. The court left the decision about whether Hilton could continue without paying court fees to the transferee court. It certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The opinion did not decide the merits of Hilton’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.