Afshar Shandiz v. State of Texas

Background Ali Afshar Shandiz, proceeding without a lawyer, brought a federal-question action against the State of Texas and Officer Fusilier. Shandiz alleged that his constitutional rights were violated in Austin, Texas, and specifically alleged that Officer Fusilier falsely arrested him there. The opinion states that Shandiz is a resident of New York, New York, and that Officer Fusilier is employed in Austin, Texas.

Venue analysis The court applied 28 U.S.C. § 1391, which identifies the federal districts where a civil case may be filed. Shandiz did not allege Officer Fusilier’s residence. The court determined from the complaint that the events underlying the claims occurred in Austin, which is in Travis County, Texas, and that venue was therefore not proper in the Southern District of New York.

Under 28 U.S.C. § 1406(a), when a case is filed in the wrong venue, a court may dismiss it or, in the interest of justice, transfer it to a district where it could have been brought. The court concluded that venue lies in the Western District of Texas because the claims arose in Austin.

Ruling Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Western District of Texas. The order closes the case in the Southern District of New York, directs that no summons issue from that court, and leaves the question whether Shandiz may proceed without prepaying fees to the transferee court. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.