Garner v. FBI

Background

Theresa Garner brought a case without a lawyer against the Federal Bureau of Investigation under the Federal Tort Claims Act. The case was filed in the Southern District of New York.

Venue analysis

The court applied 28 U.S.C. § 1402(b), which provides that a Federal Tort Claims Act case may be brought only in the federal district where the plaintiff resides or where the complained-of act or omission occurred. The court stated that Garner resides in Milwaukee County, Wisconsin, which is within the Eastern District of Wisconsin.

Garner appeared to allege that events supporting her claims occurred in Milwaukee County, Wisconsin; Arizona; Niagara Falls, New York; and possibly elsewhere. She did not allege that any supporting events occurred in the Southern District of New York. The court therefore concluded that the Southern District of New York was not a proper venue, while the Eastern District of Wisconsin was a proper venue.

Ruling

Under 28 U.S.C. § 1406(a), a court may dismiss a case filed in the wrong venue or, in the interest of justice, transfer it to a district where it could have been brought. Judge Laura Taylor Swain ordered the Clerk to transfer the action to the United States District Court for the Eastern District of Wisconsin.

The court stated that the receiving court would decide whether Garner could proceed without prepaying fees. It directed that no summons issue from the Southern District of New York and closed the action in that court. The court also certified that any appeal would not be taken in good faith and denied fee-free status for an appeal.