Hankerson v. South Hospital Brooklyn New York

Background

Theresa Ann Hankerson invoked federal-question jurisdiction and alleged that the defendants violated her rights in Brooklyn, New York. The opinion states that much of the complaint was unclear. The defendants were identified in the caption as South Hospital Brooklyn New York; Commissioner Post Office; Post Office Commissioner; Department of Health Commissioner; and Department of Mental Health.

Venue analysis

The court reviewed the federal venue statute, 28 U.S.C. § 1391(b). It understood “South Hospital Brooklyn” to refer to NYC Health + Hospitals/South Brooklyn Health, located in Brooklyn, Kings County, New York. Brooklyn is within the Eastern District of New York. Hankerson alleged no facts suggesting that the events giving rise to her claims occurred in the Southern District of New York. The court also stated that, although the specific names and addresses of the defendants were unclear, Hankerson alleged that most, possibly not all, of them were located in Brooklyn.

The court noted that venue might be proper in both districts under the rule concerning where a defendant resides. But because the alleged events occurred in Brooklyn, venue was also proper in the Eastern District under the rule concerning where a substantial part of the events occurred.

Transfer decision

Under 28 U.S.C. § 1404(a), a court may transfer a case to another district where it could have been brought when the transfer would serve the convenience of the parties and witnesses and the interests of justice. The court considered that the underlying events occurred in Brooklyn, where Hankerson resides and where South Brooklyn Health is located. It also considered it reasonable to expect that relevant documents and witnesses would be in Brooklyn. Because Hankerson did not reside in the Southern District and did not allege that the operative events occurred there, the court gave her choice of forum less weight.

The court concluded that the Eastern District of New York appeared to be the more convenient forum and transferred this action there.

Disposition

The Clerk was directed to transfer the action to the Eastern District of New York. The transferee court—not the Southern District—would decide whether Hankerson could proceed without prepaying fees. The Southern District ordered that a summons not issue from that court and stated that the order closed the case there. 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 opinion did not decide the merits of Hankerson’s underlying claims.