Williams v. City of Louisville
- Laura Swain
- 1:24-cv-03228
- U.S. District Court · Southern District of New York
- 3
In Williams v. City of Louisville, Judge Swain transferred the lawsuit to the Western District of Kentucky because New York was the wrong venue.
Clifton Clinton Williams, IV, and the City of Louisville, Metro Council, and “Public Affairs, Human Resources Victims Right Services.”
What happened
Clifton Clinton Williams, IV, who lives in Brooklyn, New York, sued the City of Louisville, Metro Council, and “Public Affairs, Human Resources Victims Right Services” without a lawyer. He alleged that the defendants violated his constitutional rights in Louisville, Kentucky.
The court ruled that the case did not belong in the Southern District of New York because the alleged events occurred in Louisville and the defendants were employed there. It found that the case could be brought in the Western District of Kentucky.
Judge Laura Taylor Swain ordered the case transferred to the Western District of Kentucky in the interest of justice and closed the case in New York. She also directed that no summons issue from her court, left any decision about proceeding without paying filing fees to the receiving court, and denied fee-free status for any appeal from this order.
The detailed version
- Williams v. City of Louisville · No. 1:24-cv-03228
- Laura Swain
- May 8, 2024
Background
Clifton Clinton Williams, IV, proceeding without a lawyer, brought this action under the court’s federal-question jurisdiction. He alleged that the City of Louisville, Metro Council, and “Public Affairs, Human Resources Victims Right Services” violated his constitutional rights in Louisville, Kentucky. The opinion states that Williams is a resident of Brooklyn, New York, and that the defendants are located or employed in Louisville.
Venue analysis
Venue is the proper federal district for a lawsuit. Under 28 U.S.C. § 1391, venue generally is proper where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court’s authority. The court found that Williams did not plead the defendants’ residences and alleged that the events giving rise to his claims occurred in Louisville. Because the alleged events occurred there and the defendants were employed there, the court concluded that venue was not proper in the Southern District of New York.
Under 28 U.S.C. § 1406, a court may dismiss a case filed in the wrong venue or transfer it to a district where it could have been brought if transferring the case is in the interest of justice. The court determined that the claims arose in Louisville, Jefferson County, which is in the Western District of Kentucky, and that venue was proper there.
Ruling
The court transferred the action to the United States District Court for the Western District of Kentucky under 28 U.S.C. § 1406. The clerk was directed to transfer the case, and the order states that the New York case was closed. A summons was not to issue from the Southern District of New York. The court left the question whether Williams could proceed without prepaying fees to the transferee court. It also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from the order.
The opinion notes that Williams filed three other actions on the same day concerning events occurring in Kentucky. It does not decide the merits of his constitutional allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.