Joseph v. NYPD
- Laura Swain
- 1:23-cv-05931
- U.S. District Court · Southern District of New York
- 4
Joseph v. NYPD: Judge Swain transferred the pro se plaintiff’s case to the Eastern District of New York because the relevant events occurred in Queens.
Dr. Anderson Joseph and the NYPD; the case will proceed, if allowed to continue, in the Eastern District of New York rather than the Southern District of New York.
What happened
In Dr. Anderson Joseph v. NYPD, Dr. Joseph sued the New York Police Department over alleged “human rights” violations and “alienation of affection.” He filed the case in the Southern District of New York and represented himself.
The court said the events described in the complaint occurred in Queens County, including at a police precinct and a hospital. Because Queens is in the Eastern District of New York, the court found that district more appropriate and convenient, including because witnesses and documents would likely be there.
Judge Laura Taylor Swain transferred the case to the Eastern District of New York under the federal transfer statute. The Southern District case was closed, no summons would issue there, and the court denied permission to appeal without paying fees.
The detailed version
- Joseph v. NYPD · No. 1:23-cv-05931
- Laura Swain
- July 31, 2023
Background
Dr. Anderson Joseph filed this action without a lawyer and invoked the court’s authority over disputes involving citizens of different states. He asserted claims against the New York Police Department for “human rights” violations and “alienation of affection.” Joseph alleged that he called a police precinct on Springfield Boulevard in Queens County three times concerning his “missing” and “mentally unstable” wife. He also alleged that police told him there was a stay-away order of protection and that he was arrested at Long Island Jewish Hospital, where his wife apparently was. The opinion states that both the precinct and hospital were in Queens County.
Venue analysis
The court explained that federal law generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in some circumstances, where a defendant is subject to personal jurisdiction. The court concluded that venue was not proper in the Southern District under the provision based on where the events occurred because the alleged events took place in Queens County. Queens County is in the Eastern District of New York. The court also said it was unclear whether the NYPD was subject to personal jurisdiction in the Southern District, which could otherwise have supported venue there.
The court further considered the federal transfer statute, which allows a court to transfer a case to another district where it could have been brought when transfer would promote convenience and justice. It determined that transfer was appropriate because the events occurred in Queens, Joseph did not reside in the Southern District, and relevant witnesses and documents could reasonably be expected to be in Queens.
Ruling
The court transferred the action to the United States District Court for the Eastern District of New York. The Clerk was directed to carry out the transfer. The order closes the case in the Southern District, and no summons was to issue from that court. The opinion states that the transferee court would decide whether Joseph could continue without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Effect of the ruling
This order decided where the case should proceed, not whether Joseph’s claims were legally valid. The opinion does not decide the merits of the alleged violations or the “alienation of affection” claim.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.