Hankerson v. 61 pct.
- Laura Swain
- 1:24-cv-01158
- U.S. District Court · Southern District of New York
- 3
In Hankerson v. 61 pct., Judge Swain transferred the case to the Eastern District of New York because the events occurred in Brooklyn.
Theresa Ann Hankerson and the defendants named as 61 PCT, PSHA1 PCT, and DT Deserto Police Officer. The action was transferred from the Southern District of New York to the Eastern District of New York, which would decide whether Hankerson could proceed without prepaying fees.
What happened
In Hankerson v. 61 pct., Theresa Ann Hankerson, representing herself, sued the 61st Precinct of the New York City Police Department and Officer Deserto over events she says occurred in Brooklyn. She lives in Brooklyn.
The court explained that Brooklyn is in the Eastern District of New York and that the case could be brought there because the events occurred there. The court also said that the relevant witnesses and documents would likely be in Brooklyn and that Hankerson’s choice of the Southern District received less weight because she does not live there and the events did not occur there.
Judge Laura Taylor Swain ordered the case transferred to the Eastern District of New York. The Southern District case was closed, no summons would issue from that court, and the transferee court would decide whether Hankerson could proceed without paying fees. The court also denied fee-free status for any appeal.
The detailed version
- Hankerson v. 61 pct. · No. 1:24-cv-01158
- Laura Swain
- Feb. 26, 2024
Background
Theresa Ann Hankerson, who is representing herself, brought this action against 61 PCT, PSHA1 PCT, and DT Deserto Police Officer. The opinion describes the defendants as the 61st Precinct of the New York City Police Department and Officer Deserto. Hankerson alleges that the events supporting her claims occurred in Brooklyn, Kings County, New York, where she resides.
Venue Analysis
The court considered the federal venue rules. It said it was unclear whether venue was proper in the Southern District of New York or the Eastern District of New York under the rule based on a defendant’s residence because Hankerson did not state where the named officer resides. But the court concluded that venue was proper in the Eastern District under the rule allowing a case to be brought where a substantial part of the events occurred. Kings County is within the Eastern District of New York.
The court also applied the transfer statute, which permits transfer to another district where the case could have been brought for the convenience of the parties and witnesses and in the interest of justice. It found that transfer appeared appropriate because the events occurred in Brooklyn, where Hankerson lives, and where the relevant documents and witnesses could reasonably be expected to be located. The court gave less weight to Hankerson’s choice of the Southern District because she does not reside in a county within that district and the events did not occur there.
Ruling and Case Status
The court ordered the action transferred to the United States District Court for the Eastern District of New York. The Clerk was directed to carry out the transfer. The court stated that the Eastern District would decide whether Hankerson could continue without prepaying filing fees. A summons would not issue from the Southern District, and the order closed the case there.
The court certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order transferred the case based on venue and convenience; it did not decide the merits of Hankerson’s underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.