Kenton v. The City of New York

Background

Alisha Kenton filed this federal-question action without a lawyer in the Southern District of New York against the City of New York. She alleged that she was sexually harassed and assaulted on May 22, 2021, in an elevator at a “Covid Isolation Shelter” in Long Island City, Queens County.

Venue analysis

The court explained that federal law permits a case to be filed where a defendant resides or where a substantial part of the events giving rise to the claims occurred. The court determined that the City of New York resides in both the Southern and Eastern Districts of New York, making both districts proper venues. The alleged events occurred in Queens County, which is in the Eastern District.

The court also applied the federal transfer statute, 28 U.S.C. § 1404(a). That statute allows a court, even when venue is proper, to transfer a case to another proper federal district for the convenience of the parties and witnesses and in the interest of justice. The court concluded that transfer was appropriate because the underlying events occurred in Queens County and relevant documents and witnesses could reasonably be expected to be there.

Ruling

The court 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 Kenton could proceed without prepaying filing fees. The Southern District did not issue a summons and closed the action in that court. It also denied fee-waiver status for any appeal after certifying that an appeal would not be taken in good faith. The court restricted electronic access to Kenton’s filing-fee application because it disclosed the full name of a minor child, contrary to the rule requiring a minor child to be identified by initials.