Summary
The United States District Court for the Eastern District of Louisiana determines that venue is improper because the alleged events occurred in Madison Parish, within the Western District of Louisiana. The court orders the pro se prisoner civil-rights action transferred to the Western District of Louisiana under 28 U.S.C. §§ 1404(a) and 1406(a).
Topics
Practice areas
Questions Presented
- Whether venue was proper in the Eastern District of Louisiana under 28 U.S.C. § 1391(b).
- Whether the action should be transferred to the Western District of Louisiana under 28 U.S.C. §§ 1404(a) and 1406(a) because venue was improper in the Eastern District and proper in the Western District.
Holdings
- Venue was not proper in the Eastern District of Louisiana because the complaint did not allege that any defendant resided there or that any substantial part of the events or omissions giving rise to the claims occurred there.
- The action should be transferred to the Western District of Louisiana because venue was proper there and transfer was in the interest of justice and fairness to the parties.
Key quotations
“Because venue is not proper in the Eastern District of Louisiana but would be proper in the Western District of Louisiana, the Court finds that it is in the interest of justice and fairness to the parties that this civil action be transferred to the Western District of Louisiana for further consideration.”
Factual background
Johnson alleged that he was raped and sexually abused while serving his sentence at the Madison Parish Correction Center. Madison Parish is located within the geographical boundaries of the Western District of Louisiana, and the complaint did not allege that the defendants resided in the Eastern District of Louisiana.
Procedural history
Cody Johnson filed a pro se § 1983 complaint alleging rape and sexual abuse at the Madison Parish Correction Center. The Eastern District of Louisiana found that neither the defendants' residence nor the relevant events were alleged to be within that district and transferred the case to the Western District of Louisiana under 28 U.S.C. §§ 1404(a) and 1406(a).
Remand instructions
The action was transferred to the United States District Court for the Western District of Louisiana for further consideration.