Jones v. United States
820 F. Supp. 2d 58
D.D.C.2011Background
- Plaintiff Terry Jones is a federal prisoner incarcerated in Virginia; he resides outside the District of Columbia for venue purposes.
- He sues the United States under the Federal Tort Claims Act alleging negligence and medical malpractice by Bureau of Prisons employees.
- The alleged events include a December 20, 2007 incident at USP Hazelton in West Virginia causing back injury and subsequent inadequate medical response.
- Jones was transferred from USP Hazelton to USP Tucson, Arizona, traveling via Oklahoma City and a lengthy bus ride in restraints, leading to extreme pain.
- At USP Tucson, over the following fourteen months, his requests for treatment were denied and pain management was minimal.
- He was later transferred to USP Petersburg, Virginia, where he remained incarcerated at the time of filing and continued to suffer significant disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue improper under FTCA | Jones resides in DC for venue purposes. | Prisoner resides where incarcerated; DC is improper. | Venue improper; DC not proper under FTCA venue rules. |
| Whether transfer is appropriate rather than dismissal | Transfer to a proper venue would best serve justice. | Transfer is preferable to dismissal and should be to a proper venue. | Transfer granted to the Northern District of West Virginia. |
| Proper forum for the acts giving rise to the claim | Acts occurred in multiple districts; proper forum should reflect those events. | Venue should align with district where acts occurred. | Northern District of West Virginia / District of Arizona are proper venues; transfer to WVNDOappreciated. |
Key Cases Cited
- In re Pope, 580 F.2d 620 (D.C. Cir. 1978) (prisoner-residence for venue purposes remains unsettled in the Fourth Circuit)
- Roman-Salgado v. Holder, 730 F. Supp. 2d 126 (D.D.C. 2010) (binding within this circuit on venue for FTCA actions)
- SEC v. Page Airways, 464 F. Supp. 461 (D.D.C. 1978) (factors for transfer under 28 U.S.C. § 1404(a); convenience of witnesses and proof)
- Zakiya v. United States, 267 F. Supp. 2d 47 (D.D.C. 2003) (standard for determining where the act giving rise to the action occurred)
- Franz v. United States, 591 F. Supp. 374 (D.D.C. 1984) (placement of venue based on where acts occurred; related analysis under FTCA)