Effiwatt v. Salamon

Background

James Effiwatt brought this action without a lawyer against the Brooklyn District Attorney, David Salamon, Shifra Salamon, Hubbard Estates LLC, unidentified detectives, and other unidentified defendants. He alleged that his claims arose from his arrest on January 4, 2022, at 36 Hubbard Place in Brooklyn, New York.

Venue Analysis

The court considered the federal venue statute, 28 U.S.C. § 1391. Venue may be proper where a defendant resides or where a substantial part of the events giving rise to the claims occurred. The court said it was unclear whether venue based on the defendants’ residence was proper in either the Southern or Eastern District of New York. But because the alleged events occurred in Brooklyn, venue was proper in the Eastern District of New York.

The court also applied 28 U.S.C. § 1404(a), which allows a court to transfer a case for the convenience of the parties and witnesses and in the interest of justice. It concluded that transfer was appropriate because the arrest and other underlying events occurred in Brooklyn, and relevant witnesses and documents could reasonably be expected to be there. The court also noted that Effiwatt did not reside in the Southern District of New York and that 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. The clerk was directed to carry out the transfer, and the Southern District of New York case was closed. The court stated that the transferee court would decide whether Effiwatt could continue without prepaying filing fees, and that no summons would issue from the Southern District of New York. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.