Alexander v. Groder

Background

Holmes Alexander, who is incarcerated at Fishkill Correctional Facility and is proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. He alleged that James E. Dzurenda falsely arrested him and that Jeffrey Scott Groder, identified as Alexander’s criminal defense attorney, failed to protect his rights during the related state criminal proceedings. The opinion states that the events occurred in Nassau County, New York.

Venue

Venue is the proper federal district for a lawsuit. The court explained that a case generally may be filed where a defendant resides or where a substantial part of the events giving rise to the claims occurred. Alexander did not allege the defendants’ residences, but he alleged events in Nassau County, and the defendants were employed there. The court therefore concluded that venue was not proper in the Southern District of New York and that the action could have been brought in the Eastern District of New York, which includes Nassau County.

Ruling

Under 28 U.S.C. § 1406(a), a court may dismiss a case filed in the wrong venue or transfer it when transfer would serve the interests of justice. Judge Laura Taylor Swain ordered the Clerk of Court to transfer the action to the United States District Court for the Eastern District of New York. The court did not decide whether Alexander’s allegations were legally valid or whether he would ultimately prevail.

The order states that the Eastern District of New York will decide whether Alexander may proceed without prepaying filing fees because he did not submit the required prisoner authorization form. The Southern District court directed that no summons issue, closed the case there, and certified that an appeal would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal.