# Brown v. Medical Staff at Core Civic

> District Court, E.D. Tennessee · July 12, 2021

URL: https://www.frixlaw.com/law-library/cases/10434451

## Case

- **Court:** District Court, E.D. Tennessee
- **Decided:** July 12, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10434451

## How later opinions describe it (automated extraction)

- finding that venue in a suit against a public official lies in the district where he performs his official duties

## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JOSHUA BROWN, )
)
Plaintiff, )
)
v. ) No. 3:21-CV-098-KAC-DCP
)
MEDICAL STAFF AT CORE CIVIC, )
)
Defendant. )

MEMORANDUM OPINION
Plaintiff, a prisoner of the Tennessee Department of Correction incarcerated in the
Trousdale Turner Correctional Center (“TTCC”), mailed an unsigned pro se complaint to the Clerk
of Court that appears to allege a violation of 42 U.S.C. § 1983 [Doc. 1]. In response to a notice of
deficiency from the Court [Doc. 2], he also filed a motion for leave to proceed in forma pauperis
[Doc. 4]. Plaintiff asserts that Defendant “Medical Staff at Core Civic” in the TTCC initially
denied him medical care for his jaw following a fight on an unspecified date [Doc. 1 at 1].
A civil action in federal court may be brought in
(1) a judicial district in which any defendant resides, if all
defendants are residents of the State in which the district is located;

(2) a judicial district in which a substantial part of the events or
omissions giving rise to the claim occurred, or a substantial part of
property that is the subject of the action is situated; or

(3) if there is no district in which an action may otherwise be brought
as provided in this section, any judicial district in which any
defendant is subject to the court’s personal jurisdiction with respect
to such action.

28 U.S.C. § 1391(b)(1)-(3). “In the interest of justice,” the Court may transfer a civil action to any
district or division where it could have been filed originally. 28 U.S.C. § 1406(a).
Plaintiff's complaint arises from events that allegedly occurred during his incarceration in
the TTCC, which is located in Trousdale County, Tennessee, within the Nashville Division of the
United States District Court for the Middle District of Tennessee. 28 U.S.C. § 123(b)(2); see also
https://www.tnmd.uscourts.gov/divisions-court. From the facts alleged, it is not clear that venue
could lie in the Eastern District of Tennessee, where Plaintiff filed this action. The most
appropriate venue for this case, therefore, is the Nashville Division of the Middle District of
Tennessee. See O'Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972) (finding that venue in a suit
against a public official lies in the district where he performs his official duties); see also Brown
v. Winters-Hall, 111-CV-512, 2011 WL 2711145, at *7 (W.D. Mich. July 13, 2011) (determining
that the judicial district housing the prison in which a substantial part of the events or omissions
giving rise to Plaintiff's claims occurred constituted the proper venue).
Accordingly, in the interest of justice, the Clerk is DIRECTED to transfer this action to
the Nashville Division of the Middle District of Tennessee and to close this Court’s file.
AN APPROPRIATE JUDGMENT ORDER WILL ENTER.

United States Distri ge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10434451. Public record. Not legal advice.