Davis v. Thompson
- John Cronan
- 1:22-cv-10854
- U.S. District Court · Southern District of New York
- 3
In Davis v. Thompson, Judge Cronan transferred Jason Davis’s constitutional-rights action to the Eastern District of New York because venue was improper in the Southern District.
Jason Davis’s federal action was transferred from the Southern District of New York to the Eastern District of New York. The order did not resolve the underlying constitutional claims, and it denied payment-free appeal status.
What happened
Davis v. Thompson concerns Jason Davis’s pro se lawsuit against several defendants connected to his Richmond County state criminal case. Davis alleged violations of his federal constitutional rights, asked the federal court to dismiss that criminal case with prejudice, and sought damages.
The court concluded that venue was not proper in the Southern District of New York. Davis alleged that the relevant events occurred in Richmond County and that two defendants lived in Queens County; both counties are in the Eastern District of New York. The opinion did not decide whether Davis’s constitutional claims were valid.
Judge John P. Cronan transferred the action to the Eastern District of New York under the federal venue-transfer statute and closed the case in the Southern District. The court also denied the ability to appeal without paying filing fees, finding that any appeal would not be taken in good faith.
The detailed version
- Davis v. Thompson · No. 1:22-cv-10854
- John Cronan
- Jan. 5, 2023
Background
Jason Davis brought this pro se action against eight defendants, alleging that they violated his federal constitutional rights. The defendants included judicial and court personnel, prosecutors, an attorney, and two people whom Davis described as home intruders and alleged victims. Davis sought dismissal with prejudice of his pending Richmond County state criminal action and damages. The opinion states that Davis paid the fees required to bring the federal action.
Venue analysis
The court applied 28 U.S.C. § 1391, the federal venue statute. Davis alleged that two defendants resided in Saint Albans, Queens County, and that the other defendants were employed in Staten Island, Richmond County. He also alleged that the events supporting his claims occurred in Richmond County. Queens and Richmond Counties are within the Eastern District of New York. Because Davis did not allege that any defendant resided in the Southern District of New York, and because the alleged events occurred in Richmond County, the court determined from the complaint that venue did not appear proper in the Southern District.
Disposition
Under 28 U.S.C. § 1406(a), a court may dismiss a case filed in the wrong venue or, when the interests of justice support it, transfer the case to a district where it could have been brought. The court found that venue lay in the Eastern District of New York and transferred the action there in the interest of justice. The Clerk was directed to transfer the action, and the order closed the action in the Southern District of New York. The court did not rule on Davis’s constitutional claims or his request for damages. It certified that any appeal would not be taken in good faith and denied payment-free appeal status. This order is procedural because it addressed venue rather than the merits of Davis’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.