Williams v. Frisina

Background

Robert Williams, who is incarcerated at Woodbourne Correctional Facility, brought this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that D. Frisina, S. Jackson, Phil Melecio, and a John Doe correction officer violated his rights at Wallkill Correctional Facility. The opinion does not describe the underlying alleged violations.

Venue and Transfer

The court explained that federal law permits a civil case to be filed 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. Williams did not allege where the defendants lived. He did allege that the events occurred at Wallkill Correctional Facility, which is in Ulster County and therefore in the Northern District of New York.

The court concluded that the Northern District of New York was an available and more convenient forum under 28 U.S.C. § 1404(a). The events occurred at Wallkill Correctional Facility, where the defendants worked, and the court found it reasonable to expect that relevant witnesses and documents would also be there.

Disposition

The court transferred the action to the United States District Court for the Northern District of New York. The Clerk was directed to transfer the case, and summonses were not to issue from the Southern District of New York. The court left to the receiving court the question whether Williams could continue without paying filing fees and closed the case in the Southern District. Chief Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed venue and convenience rather than the merits of Williams’s allegations.