McWilliams v. Sandy
- Laura Swain
- 1:23-cv-04651
- U.S. District Court · Southern District of New York
- 4
In McWilliams v. Sandy, Chief Judge Swain transferred the pro se civil-rights action to the Northern District of New York because the key events and defendants were in Cortland County.
Michael P. McWilliams’s action was transferred from the Southern District of New York to the Northern District of New York. The defendants were affected by the change of forum. The transferee court was left to decide whether McWilliams could proceed without prepaying fees, while the Southern District denied permission to appeal without prepaying fees.
What happened
In McWilliams v. Sandy, Michael P. McWilliams brought a self-represented lawsuit under a federal civil-rights statute, alleging that the defendants violated his constitutional and state-law rights during a Cortland County Child Protective Services investigation. The defendants were Paul A. Sandy, David Guerrera, the Cortland City Police Department’s Criminal Investigation Division, and the Cortland City Police Department.
The court concluded that venue was proper in the Northern District of New York because the defendants appeared to reside in Cortland County and many of the relevant events occurred there. The court also found that documents and witnesses were likely to be in Cortland County, making that district more convenient.
The court transferred the action to the Northern District of New York under the federal venue-transfer law, directed the clerk to transfer the case, and closed the case in the Southern District of New York. Chief Judge Laura Taylor Swain also denied permission to appeal without prepaying fees and left any decision about proceeding without prepaying fees in the transferred case to the receiving court.
The detailed version
- McWilliams v. Sandy · No. 1:23-cv-04651
- Laura Swain
- June 9, 2023
Background
Michael P. McWilliams filed this self-represented action under 42 U.S.C. § 1983, alleging violations of federal constitutional rights and state law. He named Paul A. Sandy, in his official capacity as Chief of Police for the Cortland City Police Department; David Guerrera, in his official capacity as Deputy Chief of Police; the department’s Criminal Investigation Division; and the Cortland City Police Department.
McWilliams’s claims arose from a Cortland County Child Protective Services investigation into reports of child abuse and neglect made against him. He alleged that events connected to his claims occurred in Cortland County and Westchester County. The opinion states that McWilliams provided a Cortland, New York, address for all defendants.
Venue Analysis
Under 28 U.S.C. § 1391, venue may be proper where a defendant resides or where a substantial part of the events occurred. The court explained that, for venue purposes, public officials sued in their official capacities are considered residents where they perform their duties. Because Sandy and Guerrera were sued in their official capacities, the court treated them as residents of Cortland, New York.
The court concluded that venue was proper in the Northern District of New York because Cortland County is in that district and the defendants appeared to reside there. The court also stated that venue might be proper in either district if sufficient events occurred in both Cortland County and Westchester County.
Transfer Decision
Even when venue is proper, 28 U.S.C. § 1404(a) allows a court to transfer an action to another district for the convenience of the parties and witnesses and in the interest of justice. The court determined that transfer was appropriate because a substantial part of the events occurred in Cortland County, all defendants appeared to reside there, and relevant documents and witnesses were reasonably expected to be there. The court found that the Northern District of New York appeared to be the more convenient forum.
Disposition
The court transferred the action to the United States District Court for the Northern District of New York. It directed the clerk to transfer the action, stated that a summons would not issue from the Southern District of New York, and closed the case there. The court left any decision about whether McWilliams could proceed without prepaying fees to the transferee court. It certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Laura Taylor Swain signed the order as Chief United States District Judge.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.