Lurch, Jr. v. NYSDOCCS
1:24-cv-08920
| S.D.N.Y. | Dec 13, 2024Background
- Plaintiff Robert Derek Lurch Jr., a parolee, filed a pro se action alleging federal constitutional violations by the New York State Department of Corrections and Community Supervision (DOCCS) and an unnamed DOCCS official responsible for facility assignments.
- The complaint relates to events that took place at Elmira Correctional Facility, located in the Western District of New York.
- Lurch seeks damages for the alleged constitutional violations in relation to his place and duration of confinement.
- Venue for federal civil cases is governed by 28 U.S.C. § 1391(b), which considers where defendants reside and where relevant events occurred.
- The case was originally filed in the Southern District of New York but all operative facts and anticipated witnesses/documents are tied to the Western District.
- The Southern District Court determined venue was more appropriate in the Western District of New York and ordered transfer under 28 U.S.C. § 1404(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue for this action | Venue is proper in SDNY | Venue is proper in WDNY | Venue proper in WDNY; transfer ordered |
| Locus of operative facts | Not disputed | Events occurred in WDNY | Events occurred in WDNY |
| Convenience of parties/witnesses | Not explicitly argued | More convenient in WDNY | WDNY more convenient for parties/witnesses |
| Issuance of summons/proceedings | Summons should issue | Not at issue | No summons to issue; WDNY to decide |
Key Cases Cited
- D.H. Blair & Co. v. Gottdiener, 462 F.3d 95 (2d Cir. 2006) (district courts have broad discretion when considering transfer for convenience under § 1404(a))
- N.Y. Marine and Gen. Ins. Co. v. LaFarge No. Am., Inc., 599 F.3d 102 (2d Cir. 2010) (sets forth factors for considering transfer of venue)
- Coppedge v. United States, 369 U.S. 438 (1962) (standard for denying in forma pauperis status for appeals not taken in good faith)