Mercer v. Williams
- Laura Swain
- 1:24-cv-00262
- U.S. District Court · Southern District of New York
- 3
In Mercer v. Williams, Chief Judge Swain transferred the pro se civil-rights case to the Northern District because venue was improper in this court.
Arthur L. Mercer’s case was transferred from the Southern District of New York to the Northern District of New York. Donald Williams and the other defendants were affected because the case would proceed, if allowed, in the transferee court rather than the Southern District.
What happened
In Mercer v. Williams, Arthur L. Mercer, representing himself, sued Donald Williams and other defendants under a federal civil-rights law. Mercer alleged that employees of the Ulster County District Attorney’s Office and Ulster County Court violated his rights in Ulster County, New York, in 2015.
The court found that Mercer had not shown that venue was proper in the Southern District of New York. Because the events occurred in Ulster County, the court determined that the case belonged in the Northern District of New York.
Chief Judge Laura Taylor Swain transferred the case to the Northern District of New York rather than dismissing it. The Southern District case was closed, no summons would issue there, and the transferee court would decide whether Mercer could proceed without prepaying filing fees; the court also denied fee-free status for any appeal.
The detailed version
- Mercer v. Williams · No. 1:24-cv-00262
- Laura Swain
- Jan. 16, 2024
Background
Arthur L. Mercer filed this case without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating federal rights. He alleged that defendants violated his rights in Ulster County, New York, in 2015. The named defendants included employees of the Ulster County District Attorney’s Office and the Ulster County Court.
Venue analysis
The court applied 28 U.S.C. § 1391(b), which identifies the federal districts where a civil case may be filed. Mercer did not allege where any defendant lived. He alleged only that the events giving rise to his claims occurred at the Ulster County Court. Based on the complaint, the court concluded that venue was not proper in the Southern District of New York under the residence-based or events-based venue provisions.
Ulster County is in the Northern District of New York. The court therefore determined that the case could have been brought there under the provision allowing a case to be filed where a substantial part of the events occurred.
Ruling
Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. Chief United States District Judge Laura Taylor Swain transferred the action to the United States District Court for the Northern District of New York.
The Clerk was directed to transfer the action, and the case was closed in the Southern District of New York. The court stated that the transferee court would decide whether Mercer could proceed without prepaying fees. The court also directed that no summons issue from the Southern District and certified that an appeal would not be taken in good faith, denying fee-free status for purposes of an appeal. The order addressed venue and did not decide the merits of Mercer’s civil-rights allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.