Flores v. Lubbock County Jail
2:22-cv-00068
| D.N.M. | Mar 24, 2022Background
- Plaintiff Joshua Rene Flores, a pro se prisoner housed in Curry County Detention Center (New Mexico), sued the Lubbock County Jail under 42 U.S.C. § 1983 for false imprisonment.
- Flores alleges Lubbock sheriff deputies tased and arrested him in Lubbock, Texas, for failure to register as a sex offender and he was detained for six months despite not committing a crime.
- Charges were later dropped after Flores produced exculpatory evidence; he seeks $750,000 in damages from the Lubbock Jail for the six months of incarceration.
- The only named defendant, Lubbock County Jail, is located in the Northern District of Texas (Lubbock Division), not New Mexico.
- The Court analyzed venue under 28 U.S.C. § 1391 and concluded the events giving rise to the claim occurred in Texas, so venue in the District of New Mexico was improper.
- Applying § 1404(a) and relevant Tenth Circuit factors (including In re Cline considerations), the Court transferred the case and the pending in forma pauperis motion to the U.S. District Court for the Northern District of Texas, Lubbock Division, and closed the New Mexico docket.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue in the District of New Mexico is proper under 28 U.S.C. § 1391 | Flores (implicitly) filed in New Mexico where he is incarcerated | Lubbock Jail is located in Texas and the relevant events occurred in Lubbock, Texas, so venue is improper in NM | Venue is improper in NM because substantial events occurred in Texas; NM lacks proper nexus |
| Whether the action should be dismissed or transferred to the proper district | Flores sought relief in NM (no explicit venue strategy); merits and good faith support keeping the claim alive | Transfer to Northern District of Texas is appropriate because evidence, witnesses, and defendant are located there | Court exercised discretion under § 1404(a) to transfer to N.D. Tex. in the interest of justice rather than dismissing |
Key Cases Cited
- Johnson v. Christopher, [citation="233 Fed. App'x 852"] (10th Cir. 2007) (courts may evaluate venue sua sponte)
- Employers Mut. Cas. Co. v. Bartile Roofs, Inc., 618 F.3d 1153 (10th Cir. 2010) (factors to consider for § 1404(a) transfer)
- In re Cline, 531 F.3d 1249 (10th Cir. 2008) (considerations whether transfer is in the interest of justice)
- Faulkenburg v. Weir, [citation="350 Fed. App'x 208"] (10th Cir. 2009) (applying In re Cline factors to venue transfer)