Hankerson v. Safe Horizon
- Laura Swain
- 1:24-cv-01600
- U.S. District Court · Southern District of New York
- 5
In Hankerson v. Safe Horizon, Judge Swain ordered Hankerson to explain why the case should not be transferred to the Eastern District of New York.
Theresa Ann Hankerson is required to respond within 30 days or the action may be transferred to the Eastern District of New York. The defendants would be affected by any transfer, while the underlying claims remain undecided.
What happened
Theresa Ann Hankerson sued Safe Horizon and four other defendants, including WomenRising, Inc., Torrance State Hospital, Knwon or Kwon Lee, and New York’s unclaimed-funds office. She filed the case without a lawyer and had permission to proceed without paying filing fees upfront.
The court questioned whether the Southern District of New York was the proper location for the case. Hankerson identified events in several places, but the court said Brooklyn, where she lives and where some alleged events involving New York City police occurred, appeared to be the strongest location. The court also noted that some claims concerned events in New Jersey and Pennsylvania.
Judge Laura Taylor Swain directed Hankerson to file a declaration within 30 days explaining why the case should not be transferred to the Eastern District of New York. The court did not transfer the case yet, but said it would do so if she did not respond or show good reason against transfer. It also denied permission to appeal without paying fees.
The detailed version
- Hankerson v. Safe Horizon · No. 1:24-cv-01600
- Laura Swain
- Mar. 29, 2024
Background
Theresa Ann Hankerson filed this action without a lawyer, invoking federal-question jurisdiction. The defendants are Safe Horizon; WomenRising, Inc., which the court understood to be the entity identified in the complaint as “Woman Rising Shelter”; Torrance State Hospital; Knwon or Kwon Lee; and the New York State Comptroller’s Office of Unclaimed Funds, which the court understood to be the entity identified as “Bankers Conseco, Unlcaim Funds.” The court had previously granted Hankerson permission to proceed without prepaying filing fees.
Hankerson alleged that events underlying her claims occurred in New York City, Jamaica, Queens, Pennsylvania, and New Jersey. She referred to stays in shelters in New York and New Jersey, incidents involving members of the New York City Police Department assigned to Brooklyn locations, and a May 2020 incident after which she alleged she was held in jail and then at Torrance State Hospital until January 27, 2021.
Venue Analysis
Federal venue rules identify where a civil action may be filed. The court concluded that the Southern District of New York did not appear to be a proper venue under the rule concerning the residence of all defendants because Torrance State Hospital appeared to be in Pennsylvania and WomenRising, Inc. appeared to be in New Jersey. Safe Horizon appeared to reside in all five boroughs of New York City, including areas in both the Southern and Eastern Districts of New York.
The court said there was at least some basis to find that the Eastern District of New York was a proper venue because Hankerson lives in Brooklyn and alleged events involving Brooklyn police locations. The court also said there was at least some basis to find that the Western District of Pennsylvania was a proper venue because of the allegations concerning Torrance State Hospital.
Under 28 U.S.C. § 1404(a), a federal court may transfer a case to another federal district where it could have been filed when transfer would serve the convenience of the parties and witnesses and the interests of justice. After considering the relevant factors, the court stated that the Eastern District of New York appeared to be the most appropriate venue because of Hankerson’s residence in Brooklyn and the possibility that a significant part of the alleged events occurred there.
Ruling
The court directed Hankerson to show cause—meaning to explain why the court should not take the proposed action—by declaration within 30 days. The proposed action was transfer of the case to the United States District Court for the Eastern District of New York. The court did not order the transfer at this stage. It stated that it would transfer the case if Hankerson did not file the declaration on time or did not show good cause against transfer.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Hankerson’s underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.