Robinson v. Kings County Family Court

Background

Valdissa Robinson filed an action without a lawyer on behalf of herself and her minor child. She alleged that Kings County Family Court, Judge Erik Pitchel, Brooklyn Defender Practice, and several attorneys violated her rights during litigation of a child abuse and neglect petition in Kings County Family Court.

The court noted that Robinson included her minor child's full name in the complaint, contrary to Federal Rule of Civil Procedure 5.2. The Clerk's Office therefore restricted electronic access to the complaint to the parties. The court also stated that a parent who is not a licensed and registered attorney cannot bring an action without a lawyer in federal court on behalf of the parent's child.

Venue and Transfer

Federal law generally permits a civil case to proceed in a district where the defendants reside, where a substantial part of the events occurred, or, if neither applies, where a defendant is subject to the court's authority. Robinson did not allege the residences of the individual defendants, so the court could not assume that all defendants resided in New York State and could not determine whether venue was proper in the Southern District of New York under the residence-based provision.

The court concluded that venue could be proper in the Eastern District of New York because Robinson alleged that the events occurred in Brooklyn, Kings County, which lies in that district. The court then considered whether transfer would serve the convenience of the parties and witnesses and the interests of justice. It found transfer appropriate because the underlying events occurred in Brooklyn and relevant documents and witnesses could reasonably be expected to be located there.

Disposition

The court transferred the action to the United States District Court for the Eastern District of New York under 28 U.S.C. § 1404(a). The Clerk of Court was directed to carry out the transfer. The court stated that the transferee court would decide whether Robinson could proceed without prepaying fees, and that no summons would issue from the Southern District of New York. The order closed the case in that court.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain signed the order on March 7, 2023.