Zampieri v. Disher

Background

Jonathan Allen Zampieri, who is incarcerated and proceeded without a lawyer, filed an action for damages against Correctional Officer B. Disher and Correctional Officer Smith. He alleged that the defendants violated his federal constitutional rights. The court construed the complaint as asserting claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, a decision recognizing a damages action for certain constitutional violations by federal officials.

Venue analysis

The court considered whether the Southern District of New York was the proper federal district for the case. Under 28 U.S.C. § 1391, venue may generally lie where a defendant resides or where a substantial part of the events giving rise to the claims occurred. Zampieri did not plead either defendant’s residence, but he alleged that the events occurred at USP Thomson. The defendants were allegedly employed there, and USP Thomson is in Thomson, Illinois.

The court therefore concluded that, based on the complaint, venue was not proper in the Southern District of New York. It determined that venue was proper in the Northern District of Illinois because the alleged claims arose at USP Thomson, which is within that district.

Ruling

Under 28 U.S.C. § 1406(a), a court may dismiss a case filed in the wrong venue or, in the interest of justice, transfer it to a district where the case could have been brought. Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Northern District of Illinois.

The order closed the action in the Southern District of New York. Summonses were not to issue from that court. The court left to the receiving court the decision whether Zampieri could continue without prepaying filing fees. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.