Hamilton v. Schenk

Background

Derrick M. Hamilton, who is incarcerated at Attica Correctional Facility and represents himself, brought claims under 42 U.S.C. §§ 1983, 1985(3), and 1986, as well as the Religious Land Use and Institutionalized Persons Act. He alleged that the defendants violated his rights at Auburn Correctional Facility.

Venue analysis

Venue rules identify where a civil case may be filed. Hamilton did not provide facts about where the defendants reside, so the court could not determine whether venue was proper in the Southern District of New York based on the defendants’ residences. The court explained, however, that venue was proper in the Northern District of New York because Auburn Correctional Facility, where the alleged events occurred, is located in that district.

The court also applied the rule allowing transfer, even from a district where venue may be proper, when another district would be more convenient for the parties and witnesses and would serve the interests of justice. The court found that the underlying events occurred at Auburn Correctional Facility and that relevant witnesses and documents would reasonably be expected to be there. It also noted that Hamilton does not reside in the Southern District and that the operative events did not occur there.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. The Clerk of Court was directed to complete the transfer. The court stated that the transferee court would decide whether Hamilton may proceed without prepaying fees, and it directed that a summons not issue from the Southern District of New York. The order closed the case in that court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Laura Taylor Swain did not decide the merits of Hamilton’s underlying claims.