Luis Alberto Alarcon Nava v. Gavin Newsom

Summary

The United States District Court for the Eastern District of California transferred Luis Alberto Alarcon Nava’s 42 U.S.C. § 1983 action to the Northern District of California. The court determined that the alleged excessive-force claim arose at the Correctional Training Facility in Soledad, California, within the Northern District.

Holdings

1. Venue was improper in the Eastern District of California because the excessive-force claim arose at the Correctional Training Facility in Soledad, California, in Monterey County, within the Northern District of California.
2. The action should be transferred to the United States District Court for the Northern District of California in the interest of justice.

Questions Presented

1. Whether venue was proper in the Eastern District of California for an excessive-force claim arising at the Correctional Training Facility in Soledad, California.
2. Whether the action should be transferred to the Northern District of California under 28 U.S.C. § 1406(a) because it was filed in the wrong district.

Disposition

other