Jansen v. The City of New York

Background

Heather Jansen, proceeding without a lawyer, filed this action in the Southern District of New York. She named the City of New York; the New York City Department of Education; David C. Banks, in his official capacity as the Department of Education’s Chancellor; and Marion Wilson, in her official capacity as Superintendent of District 31. Jansen alleged discrimination and possibly retaliation during her employment as principal of Albert V. Maniscalco Elementary School, also known as P.S. 46, including her removal from that position. The court understood the complaint as potentially asserting claims under Title VII of the Civil Rights Act of 1964, the civil-rights statute commonly called Section 1983, the Family and Medical Leave Act, and New York State and City human-rights laws. She also sought immediate reinstatement and other immediate relief through requests for a temporary restraining order and preliminary injunction.

Venue Analysis

The court concluded that the Southern District and every other federal district in New York were proper venues for the Title VII claims because a significant portion, if not all, of the alleged employment practices occurred on Staten Island, in Richmond County. For the Section 1983, Family and Medical Leave Act, and state-law claims, the court noted that Jansen did not allege where Banks or Wilson resided, so it was unclear whether the Southern District was a proper venue based on defendants’ residence. The court stated, however, that the Eastern District was clearly a proper venue because a significant portion, if not all, of the events occurred on Staten Island.

Transfer Decision

Under 28 U.S.C. § 1404(a), a federal court may transfer a case to another proper federal district for the convenience of the parties and witnesses and in the interest of justice. The court found transfer appropriate because many, if not all, of the underlying events allegedly occurred on Staten Island; Wilson’s Department of Education office was there; and relevant witnesses and documents could reasonably be located in the Eastern District. The court therefore directed the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. It stated that the receiving court would decide whether Jansen could proceed without prepaying fees and whether she should receive immediate injunctive relief. The Southern District’s order closed the action there, and summonses were not to issue from 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 from the order.