1:21-cv-04154
S.D.N.Y.Sep 17, 2021Background
- Pro se plaintiff Jose Francisco Guzman Cabrera, incarcerated at Essex County Correctional Facility (ECCF), brought a 42 U.S.C. § 1983 action in SDNY alleging (a) unconstitutional conditions of confinement in New Jersey and (b) New York COVID-19 policies affecting his separate criminal proceedings.
- Defendants named include County of Essex (NJ), ECCF Warden Guy Cirello, CFG Medical Services, NJ Governor Phil Murphy, the U.S. Marshals Service in Trenton, and several New York entities.
- The events underlying the confinement-related claims occurred in Essex County, New Jersey.
- Under 28 U.S.C. § 1391, venue lies where a substantial part of the events occurred; the court found the NJ claims did not arise in this district.
- Applying Rules 18, 20, and 21, the Court concluded unrelated NJ claims could be severed and, under 28 U.S.C. § 1406(a), transferred them to the U.S. District Court for the District of New Jersey.
- The Court also certified that any appeal would not be taken in good faith and denied in forma pauperis status for appeal under 28 U.S.C. § 1915(a)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for NJ-confinement claims | Guzman filed all claims in SDNY and proceeded in this court | Events and defendants tied to Essex County; venue proper in D.N.J. under §1391(b)(2) | Venue improper in SDNY for NJ claims; court severed and transferred them to D.N.J. |
| Joinder and severance of unrelated claims | Guzman joined NJ confinement claims with NY-related COVID claims in one suit | Rule 20/21 prohibit joinder of unrelated parties/claims; court may sever under Rule 21 | Court severed NJ-based claims under Rule 21 and transferred them to D.N.J. |
| In forma pauperis certification for appeal | Guzman might seek IFP status on appeal | Appeal is not in good faith; IFP for appeal should be denied | Court certified appeal not in good faith and denied IFP for appeal per §1915(a)(3) |
Key Cases Cited
- Deskovic v. City of Peekskill, 673 F. Supp. 2d 154 (S.D.N.Y. 2009) (Rule 20 limits joinder of unrelated parties)
- Coppedge v. United States, 369 U.S. 438 (U.S. 1962) (standard for certifying whether an appeal is taken in good faith for IFP purposes)