1:24-cv-00312
S.D. Ala.Sep 6, 2024Background
- Plaintiff Robert W. Johnson, acting pro se, filed a civil rights complaint and an FTCA claim in the Southern District of Alabama against Tora Woodward.
- Both plaintiff and defendant are alleged to reside in Syracuse, New York, with all relevant events occurring in Syracuse.
- The complaint alleges discrimination and denial of rights related to use of a computer lab, based on various protected characteristics (including race, sex, and disability).
- No facts or allegations tie the case to the Southern District of Alabama; all contacts are with the Northern District of New York.
- The complaint provides no indication that defendant is a state or government official, nor does it specify actions committed by defendant.
- The case was referred to a magistrate judge for consideration of venue issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper Venue | Johnson: Action is properly filed in Alabama court | Woodward: (Not specified) | Venue is improper in Alabama; transfer to NY is required |
| Jurisdiction under §1983 | Johnson: Brings §1983 claim for discrimination | Woodward: (Not specified) | Complaint fails to allege defendant is a state actor |
| FTCA Venue Requirements | Johnson: Submits FTCA claim form | Woodward: (Not specified) | Venue requirements for FTCA not satisfied in Alabama |
| Sufficiency of Allegations | Johnson: Alleges discrimination at NY address | Woodward: (Not specified) | No connection to Alabama; allegations insufficient |
Key Cases Cited
- New Alliance Party of Ala. v. Hand, 933 F.2d 1568 (11th Cir. 1991) (Section 1983 venue provisions applied)
- Kapordelis v. Danzig, [citation="387 F. App'x 905"] (11th Cir. 2010) (affirmed transfer to proper venue under § 1406)