Anderson v. La Cresent Police Department
- Laura Swain
- 1:23-cv-08027
- U.S. District Court · Southern District of New York
- 3
In Anderson v. La Crescent Police Department, Judge Swain transferred the case from New York to Minnesota because venue was improper in New York.
Mark Anthony Anderson’s case was transferred from the Southern District of New York to the United States District Court for the District of Minnesota. The La Crescent Police Department and Luke Ahlschlager remain the defendants named in the action.
What happened
Mark Anthony Anderson, representing himself, sued the La Crescent Police Department and police officer Luke Ahlschlager over events in La Crescent, Minnesota. Anderson alleged that police searched his home, arrested him, and charged him after responding to an overdose call involving his friend.
The court ruled that the Southern District of New York was not the proper venue because the alleged events occurred in Minnesota and the defendants were located there. The court therefore transferred the case to the United States District Court for the District of Minnesota in the interest of justice.
Judge Laura Taylor Swain directed the Clerk to transfer the action, stated that the case was closed in the Southern District of New York, and noted that the Minnesota court would decide whether Anderson could proceed without paying filing fees. The court also denied fee-free status for any appeal, certifying that an appeal would not be taken in good faith.
The detailed version
- Anderson v. La Cresent Police Department · No. 1:23-cv-08027
- Laura Swain
- Oct. 4, 2023
Background
Mark Anthony Anderson, who resides in Queens County, New York, proceeded without a lawyer. He sued the La Crescent Police Department and Luke Ahlschlager, identified as one of its police officers, based on events in La Crescent, Minnesota.
According to the complaint, on February 1, 2021, Anderson called 911 after a friend suffered an overdose. Police took the friend to a hospital. Officer Ahlschlager allegedly grabbed Anderson’s arm and questioned him. Anderson alleged that he was schizophrenic, panicked, and answering rapidly. Police obtained a warrant to search his home, then arrested and charged him with fifth-degree criminal possession of a controlled substance. Anderson alleged that he was jailed and institutionalized for a number of months and sought money damages.
Venue
The court applied the general federal venue statute, 28 U.S.C. § 1391(b). That statute generally allows a civil action in a district where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s personal jurisdiction.
The court concluded that venue did not lie in the Southern District of New York. Anderson’s claims arose in La Crescent, Minnesota, and the defendants were located there. The alleged events occurred in Houston County, Minnesota, which is within the District of Minnesota, First Division.
Ruling
Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, when justice requires, transfer it to a district where it could have been brought. The court found that transfer was appropriate and transferred the action to the United States District Court for the District of Minnesota.
The Clerk was directed to transfer the case. The court stated that the Minnesota court would decide whether Anderson could proceed without prepaying fees, and that no summons would issue from the Southern District of New York. The order closed the case in that district. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.