Cunningham v. Federal Brueau of Prisons
- Laura Swain
- 1:23-cv-05818
- U.S. District Court · Southern District of New York
- 3
In Cunningham v. Federal Bureau of Prisons, Judge Swain transferred the medical-care case to the Eastern District of New York without deciding its merits.
Kristopher Cunningham’s lawsuit was transferred from the Southern District of New York to the Eastern District of New York. The transfer affects where the case will proceed; the opinion does not resolve his medical-care claims.
What happened
In Cunningham v. Federal Bureau of Prisons, Kristopher Cunningham, who is incarcerated at the Metropolitan Detention Center in Brooklyn, sued without a lawyer. He alleges that he is being denied constitutionally adequate medical care and seeks money damages and an order requiring action.
The court found that the events underlying the lawsuit were occurring at the Brooklyn detention center, which is in the Eastern District of New York. It also found that documents and witnesses were likely located there, making that district a more appropriate and convenient place for the case.
Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York and closed the case in the Southern District of New York. The order did not decide whether Cunningham was denied adequate medical care; the receiving court will decide whether he may continue without paying filing fees. The court also denied permission to appeal without paying fees.
The detailed version
- Cunningham v. Federal Brueau of Prisons · No. 1:23-cv-05818
- Laura Swain
- Aug. 15, 2023
Background
Kristopher Cunningham brought this action without a lawyer against the Federal Bureau of Prisons. The opinion states that Cunningham was incarcerated at the Metropolitan Detention Center in Brooklyn, New York. He alleged that he was being denied medical care in violation of the Eighth Amendment and sought damages and injunctive relief.
Venue and Transfer
The court applied the federal venue statute, 28 U.S.C. § 1391. It concluded that venue was proper in the Eastern District of New York because the events giving rise to Cunningham’s claims were taking place at the Brooklyn detention center.
The court also considered transfer under 28 U.S.C. § 1404(a), which allows a court to transfer a case 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 at the detention center, where Cunningham remained detained, and it was reasonable to expect that relevant documents and witnesses would also be there.
Order
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, and the case was closed in the Southern District of New York. A summons was not to issue from the Southern District of New York.
The order left the decision about whether Cunningham could proceed without paying fees to the Eastern District of New York. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Laura Taylor Swain did not decide the merits of Cunningham’s medical-care allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.