Allah v. Pacheco
- Laura Swain
- 1:24-cv-01138
- U.S. District Court · Southern District of New York
- 3
In Allah v. Pacheco, Judge Swain transferred the Section 1983 case from the Southern District of New York to the Eastern District of New York.
Master Baye Balan Allah's case was transferred from the Southern District of New York to the Eastern District of New York. Officer Pacheco, Officer Bliech, and Lieutenant Harris remain the named defendants, but the opinion did not decide the merits of the allegations against them.
What happened
In Allah v. Pacheco, Master Baye Balan Allah, representing himself, alleged that three New York City Police Department officers falsely arrested him and used excessive force in Brooklyn on October 10, 2023.
The court explained that the events occurred in Brooklyn, which is in the Eastern District of New York. Although venue might otherwise be proper in the Southern District because the City of New York is located there, the Eastern District appeared more convenient for witnesses and documents.
Judge Laura Taylor Swain transferred the case to the Eastern District of New York and closed it in the Southern District. The receiving court will decide whether Allah may continue without paying filing fees, and this court denied fee-free status for any appeal from the transfer order.
The detailed version
- Allah v. Pacheco · No. 1:24-cv-01138
- Laura Swain
- Feb. 21, 2024
Background
Master Baye Balan Allah brought this action without a lawyer under 42 U.S.C. § 1983. He alleged that Officer Pacheco, Officer Bliech, and Lieutenant Harris, who are members of the New York City Police Department, falsely arrested him and used excessive force against him in Brooklyn, New York, on October 10, 2023. Allah stated that the defendants were employed in “District 32,” located in Brooklyn, but did not provide their residential addresses.
Venue and Transfer
The court considered the federal venue statute, 28 U.S.C. § 1391. It explained that venue was not proper in the Southern District under the provision based on where a substantial part of the events occurred because the alleged events took place in Brooklyn, in Kings County, which is within the Eastern District of New York. Venue might be proper in the Southern District under the provision concerning a defendant’s residence because the defendants are members of the New York City Police Department, an agency of the City of New York, and the City is located in the Southern District.
The court nevertheless concluded that transfer was appropriate under 28 U.S.C. § 1404(a), which allows a court to move a case for the convenience of the parties and witnesses and in the interest of justice. The alleged events occurred in Brooklyn, and the court considered it reasonable to expect that relevant documents and witnesses would also be there. It therefore determined that the Eastern District appeared to be the more convenient forum.
Ruling
Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District, and no summons would issue from that court. The transferee court—the court receiving the case—will decide whether Allah may proceed without prepaying filing fees. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide whether Allah’s false-arrest or excessive-force allegations were valid.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.