Antrobus v. New York City
- Laura Swain
- 1:23-cv-07063
- U.S. District Court · Southern District of New York
- 3
In Antrobus v. City of New York, Judge Swain transferred the false-arrest lawsuit to the Eastern District of New York.
The transfer affects Andre Antrobus and the City of New York and “3 NYPD New York Police Department”; the case will proceed, if at all, in the Eastern District of New York.
What happened
In Andre Antrobus v. City of New York, Antrobus, who was detained at Rikers Island, filed a self-represented lawsuit under a federal civil-rights law alleging that he was falsely arrested in Brooklyn on January 31, 2022.
The court found that both the Southern and Eastern Districts of New York appeared to be proper venues, but Brooklyn was where the alleged events occurred and where relevant witnesses and documents were likely located. It therefore transferred the action to the Eastern District of New York for convenience and the interests of justice.
Judge Laura Taylor Swain directed the clerk to transfer the case, stated that the case was closed in the Southern District, and directed that no summons issue there. She also denied permission to proceed without prepaying fees for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Antrobus v. New York City · No. 1:23-cv-07063
- Laura Swain
- Aug. 11, 2023
Background
Andre Antrobus brought a self-represented action under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by state or local actors. He alleged that he was falsely arrested in Brooklyn, New York, on January 31, 2022. The named defendants were the City of New York and “3 NYPD New York Police Department.” The opinion states that Antrobus was detained at the Anna M. Kross Center on Rikers Island.
Venue
The court explained that federal law generally permits a civil action to be filed where a defendant resides or where a substantial part of the events occurred. The addresses listed for the City and the NYPD were in New York County, within the Southern District of New York. The alleged arrest occurred in Brooklyn, in Kings County, which is within the Eastern District of New York. The court therefore concluded that both districts appeared to be proper venues.
Transfer ruling
Even when venue is proper, 28 U.S.C. § 1404(a) permits transfer to another proper district for the convenience of the parties and witnesses and in the interest of justice. The court determined that transfer was appropriate because the underlying events occurred in Brooklyn and relevant witnesses and documents could reasonably be located there. It ordered the action transferred to the United States District Court for the Eastern District of New York.
The clerk was directed to transfer the action. The court stated that the transferee court would decide whether Antrobus could continue without prepaying filing fees. The court also directed that no summons issue from the Southern District and stated that the order closed the case in that court. Separately, under 28 U.S.C. § 1915(a)(3), the court found that any appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The court did not decide whether the alleged arrest was unlawful.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.