Ahmad v. State of New York City
1:23-cv-07957-RER-CLP
E.D.N.YOct 13, 2023Background
- Pro se plaintiff (detained at Rikers) filed a 42 U.S.C. § 1983 action arising from a November 2020 arrest in Kings County and related criminal proceedings in Kings County Supreme Court.
- Defendants named in the caption: “State of New York City” (City of New York/NYPD) and NYPD 69th Precinct; individual defendants include Detective Nicholas Gigante, Officers Angela Crenshaw and Marisa Louis-Jean, and an unnamed detective.
- Plaintiff filed the suit in the Southern District of New York (S.D.N.Y.), but alleges the operative events occurred in Kings County (Brooklyn), which lies in the Eastern District of New York (E.D.N.Y.).
- The court analyzed venue under 28 U.S.C. § 1391 and transfer for convenience under 28 U.S.C. § 1404(a).
- District court concluded relevant witnesses, documents, and locus of operative facts are in Kings County and transferred the case to the United States District Court for the Eastern District of New York.
- The court directed the Clerk to transfer the action, ordered that no summons issue from S.D.N.Y., left the question of proceeding without prepayment of fees to the transferee court, and denied in forma pauperis status for the purpose of an appeal (certifying the appeal would not be taken in good faith).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue / forum | Chose S.D.N.Y. to file §1983 claims arising from arrest | Events and defendants are in Kings County (E.D.N.Y.), so E.D.N.Y. is more appropriate | Venue could be proper in both, but transferred to E.D.N.Y. under §1404(a) for convenience |
| In forma pauperis for appeal | Seeks to proceed without prepayment | No showing appeal would be in good faith | Court certified appeal not in good faith and denied IFP for appeal; transferee decides IFP for district proceedings |
Key Cases Cited
- Keitt v. N.Y. City, 882 F. Supp. 2d 412 (S.D.N.Y. 2011) (lists §1404(a) convenience factors)
- N.Y. Marine & Gen. Ins. Co. v. LaFarge No. Am., Inc., 599 F.3d 102 (2d Cir. 2010) (forum non conveniens/transfer considerations)
- Iragorri v. United Tech. Corp., 274 F.3d 65 (2d Cir. 2001) (deference to plaintiff’s forum choice limited when plaintiff is not a resident and operative facts occurred elsewhere)
- D.H. Blair & Co. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (district courts have broad discretion under §1404(a))
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for certifying appeal not taken in good faith and IFP on appeal)