Volland v. Fifield

Background

Jonathan E. Volland, who the opinion says was incarcerated at Saratoga County Correctional Facility, brought an action on behalf of himself and his minor son. He alleged that Corey Fifield, Michael Shudt, and the Waterford Police Department violated his rights in Waterford, New York.

Venue analysis

The court explained that federal law generally permits a civil case 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. Volland did not state the defendants’ residences, but he alleged that the events underlying his claims occurred in Waterford. Waterford is in Saratoga County, which is in the Northern District of New York. The court therefore concluded that venue was not proper in the Southern District of New York and that the action could be brought in the Northern District.

Ruling

Under 28 U.S.C. § 1406, a court may transfer a case filed in the wrong venue when transfer serves the interests of justice. Chief United States District Judge Laura Taylor Swain directed the Clerk of Court to transfer the action to the United States District Court for the Northern District of New York. The order closed the case in the Southern District of New York, stated that the transferee court would decide whether Volland could proceed without prepaying fees, and directed that no summons issue from the Southern District.

The court also directed the Clerk to limit access to the complaint on the court’s electronic filing system to case participants because it appeared that the complaint included the minor son’s full name. Finally, the court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the merits of Volland’s allegations.