Acosta v. 6 to 7 Correctional Officers

Background

Jesus Miguel Acosta, who is incarcerated at Upstate Correctional Facility, brought this self-represented action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state actors. He alleged that six to seven unidentified correctional officers, described as John Does, used excessive force against him at Upstate Correctional Facility.

Venue and Transfer

The court explained that venue may be proper where a substantial part of the events occurred. Upstate Correctional Facility is in Franklin County, which is within the Northern District of New York. Acosta did not provide facts about where the defendants reside, so the court could not determine whether venue was proper under the rule based on defendants’ residences.

The court nevertheless concluded that transfer was appropriate under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. The underlying events occurred at Upstate Correctional Facility, and the court considered it reasonable to expect that relevant documents and witnesses would also be there. The court also noted that Acosta does not reside in the Southern District of New York and that the operative events did not occur there.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. It directed the Clerk of Court to carry out the transfer, stated that no summons would issue from the Southern District of New York, and closed the case in that court. The transferee court would decide whether Acosta could continue without prepaying fees. The court 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 Acosta’s excessive-force allegation.