Summary
The court concluded that venue was improper in the Eastern District of Texas because the plaintiff's claims arose in McLennan County, which lies within the Western District of Texas. Pursuant to 28 U.S.C. § 1406(a), the court determined that the action should be transferred to the United States District Court for the Western District of Texas, Waco Division.
Topics
Practice areas
Questions Presented
- Whether venue was proper in the Eastern District of Texas for Jones's 42 U.S.C. § 1983 claims arising from events in McLennan County.
- Whether the action should be transferred under 28 U.S.C. § 1406(a) to the Western District of Texas, Waco Division.
Holdings
- Venue was not proper in the Eastern District of Texas because the claims arose in McLennan County, Texas, and the opinion identified no basis for venue in the Eastern District.
- The action should be transferred to the United States District Court for the Western District of Texas, Waco Division, under 28 U.S.C. § 1406(a), rather than dismissed.
Key quotations
“When venue is not proper, the court “shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.””
Factual background
Michael David Jones, an inmate at the McLennan County Jail, filed a civil rights action against McLennan County seeking $240,240.24 in damages. His claims arose from alleged incidents in McLennan County involving his arrest and continued confinement. He was confined at the McLennan County Jail in Waco, Texas, which is located in the Western District of Texas, Waco Division.
Procedural history
Jones filed suit against McLennan County seeking damages for events allegedly occurring in McLennan County, including his arrest and continued confinement. The case was referred to Magistrate Judge Zack Hawthorn, who concluded that venue was improper in the Eastern District of Texas and recommended transfer to the Western District of Texas, Waco Division.
Remand instructions
Transfer the action to the United States District Court for the Western District of Texas, Waco Division. The opinion states that an appropriate order will be entered.