Joseph v. ACS

Background

Dr. Anderson Joseph, who lives in Queens County, New York, brought this action without a lawyer against ACS, referring to the Administration for Children’s Services. He invoked federal diversity jurisdiction and asserted an “alienation of affection” claim connected to ACS’s removal of his children. He alleged that ACS violated his rights in Jamaica, New York, on April 19, 2023, and sought money damages for the separation and what he described as an effort to break up his marriage.

Venue analysis

Venue is the legally proper federal district for a case. Under 28 U.S.C. § 1391(b)(2), venue may be proper where a substantial part of the events giving rise to the claim occurred. The court concluded that venue was not proper in the Southern District because Joseph alleged that the relevant events occurred in Queens County, which is in the Eastern District of New York. The court also noted that it was unclear whether ACS was subject to personal jurisdiction in the Southern District, a circumstance that could otherwise support venue there under § 1391(b)(1).

The court further considered transfer under 28 U.S.C. § 1404(a), which permits transfer for the convenience of the parties and witnesses and in the interest of justice. It found transfer appropriate because the events occurred in Queens County, Joseph did not live in the Southern District, and relevant witnesses and documents could reasonably be expected to be in Queens County.

Ruling

Judge Laura Taylor Swain ordered the Clerk to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District, and no summons was to issue from that court. The Eastern District would decide whether Joseph could proceed without prepaying fees. The court certified that an appeal would not be taken in good faith and denied Joseph permission to proceed without prepaying fees for purposes of an appeal from the order.