# Williams v. Pelzer

> District Court, M.D. Alabama · May 22, 2024

URL: https://www.frixlaw.com/law-library/cases/9988733

## Case

- **Court:** District Court, M.D. Alabama
- **Decided:** May 22, 2024
- **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/9988733

## How later opinions describe it (automated extraction)

- holding that the transfer analysis requires the Court to “balance a number of case-specific factors” in an “individualized, case-by-case consideration of convenience and fairness”

## Opinion text

FINO RT HTEH EU NMIITDEDDL SET DAITSTERS IDCITS TORFI CATL ACBOAUMRTA
NORTHERN DIVISION

DONDERRIOUS WILLIAMS, )
)
Plaintiff, )
)
v. ) Case No. 2:23-cv-406-RAH-SMD
) [WO]
JEREMY PELZER, et al., )
)
Defendants. )

MEMORANDUM OPINION AND ORDER
I. INTRODUCTION
Previously, the Court ordered the parties to show cause why the case should
not be transferred to the United States District Court for the Northern District of
Alabama, Northern Division. (Doc. 84.) In response, Defendants request the
transfer while Plaintiff voices tepid opposition. (Docs. 86 & 87.) The case will be
transferred to the Northern District of Alabama, Northern Division.
II. JURISDICTION AND VENUE
The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331.
Personal jurisdiction is uncontested, and venue is appropriate in the Middle District
of Alabama. See 28 U.S.C. § 1391.
III. BACKGROUND
Donderrious Williams is an inmate in the custody of the Alabama Department
of Corrections (ADOC) since 2007. Although he is now incarcerated at the William
E. Donaldson Correctional Facility in Bessemer, Alabama, the events giving rise to
this lawsuit occurred between December 2018 and early 2022, when Williams was
incarcerated at the Limestone Correctional Facility in Harvest, Alabama
(Limestone). (Doc. 66 at 2.)
In a torrent of allegations about his treatment at Limestone, including two
disciplinary segregations, alleged interference with his channels of communication
to his attorney, and an assault correctional officers purportedly committed against
him because he refused to cut his lengthy hair and beard for religious reasons,
Williams brings eleven claims for relief against fourteen defendants, ranging in rank
from correctional officer to the ADOC commissioner. (See generally doc. 66.) All
Defendants are residents of Alabama and all of them, except ADOC Commissioner
John Q. Hamm, worked at Limestone during the relevant period. (Id.)
IV. DISCUSSION
As relevant here, venue is proper in a judicial district (1) “in which any
defendant resides, if all defendants are residents of the State in which the district is
located” or (2) “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[.]” 28 U.S.C. § 1391(b)(1) & (2). All here agree that the Middle District
of Alabama is a proper venue for the case because at least one defendant resides
within it and all defendants are residents of Alabama. All here also agree that the
Northern District of Alabama is a proper venue because several of the named
Defendants reside there and all events giving rise to Williams’s claims occurred
there.
“For the convenience of the parties and witnesses, in the interest of justice, a
district court may transfer any civil action to any other district or division where it
might have been brought[.]” 28 U.S.C. § 1404(a). The decision to transfer a case is
“left to the sound discretion of the trial court.” Brown v. Connecticut Gen. Life Ins.
Co., 934 F.2d 1193, 1196 (11th Cir. 1991). When the parties are given an
opportunity to present their views, the district court may sua sponte transfer a case
under § 1404(a). Tazoe v. Airbus S.A.S., 631 F.3d 1321, 1336 (11th Cir. 2011).
Several case-specific factors determine whether another venue is more
convenient and serves the interest of justice:
(1) the convenience of the witnesses; (2) the location of relevant
documents and the relative ease of access to sources of proof; (3) the
convenience of the parties; (4) the locus of operative facts; (5) the
availability of process to compel the attendance of unwilling witnesses;
(6) the relative means of the parties; (7) [the suggested] forum's
familiarity with the governing law; (8) the weight accorded a plaintiff's
choice of forum; and (9) trial efficiency and the interests of justice,
based on the totality of the circumstances.

Manuel v. Convergys Corp., 430 F.3d 1132, 1135 n.1 (11th Cir. 2005); see
also Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988) (holding that the
transfer analysis requires the Court to “balance a number of case-specific factors” in
an “individualized, case-by-case consideration of convenience and fairness”).
Williams chose the Middle District of Alabama, and he is correct that the
Court generally accords “considerable deference” to his choice of forum. In re Ricoh
Corp., 870 F.2d 570, 573 (11th Cir. 1989). Though where, as here, “the operative
facts underlying the cause of action did not occur within the forum chosen by the
Plaintiff, the choice of forum is entitled to less consideration.” Gould v. Nat’l Life
Ins. Co., 990 F. Supp. 1354, 1358 (M.D. Ala. 1998). Even so, the other factors must
“clearly outweigh” Williams’s chosen forum. Id. at 1359. Together with that
deference, Williams hangs his hat on his assertion that “[s]everal central documents
in this case are held” at the ADOC headquarters in Montgomery, Alabama, within
the Middle District of Alabama. (Doc. 87 at 3.) Maybe so, but all other factors
strongly favor transfer to the Northern District of Alabama, particularly the interests
of justice and the convenience of the witnesses, the “most important factor” in the
analysis. Gould, 990 F. Supp. at 1359.
All events giving rise to this action occurred at the Limestone Correctional
Facility in Harvest, Alabama, within the Northern Division of the Northern District
of Alabama, including Williams’s two disciplinary segregations, alleged
interference with his channels of communication to his attorney, and an assault
correctional officers purportedly committed against him because he refused to cut
his lengthy hair and beard for religious reasons. (See generally doc. 66.) And,
except for Hamm, most or all other named defendants reside near Limestone, within
the Northern District of Alabama. Williams himself is now housed at the William
E. Donaldson Correctional Facility in Bessemer, Alabama, within the Northern
District of Alabama. (Id.) Most or all non-party witnesses reside at or near
Limestone too. They include any correctional-officer-witnesses who played a role
in or witnessed the events of which Williams complains, and any inmates at
Limestone who witnessed the events made the basis of the Complaint. Given the
custodial status of those inmate-witnesses, there can be little doubt that Huntsville,
Alabama is a much more convenient and appropriate location for purposes of
transporting them to participate in discovery or trial than Montgomery, Alabama.
Even a brief glance at the map shows Limestone is much closer to Huntsville than it
is to Montgomery. And given the well-publicized staffing issues at the ADOC, it is
much more convenient and appropriate for any correctional-officer-witnesses to
participate only a short drive away from Limestone to the Huntsville courthouse
instead of a several-hour drive to the Montgomery courthouse. Limestone’s
placement in the Northern District of Alabama also puts that court in a better position
than this one to compel process and secure attendance of all who may need to
participate in the litigation.
As the district where the events giving rise to the lawsuit occurred and which
houses most of the parties and witnesses, trial efficiency and the interests of justice,
based on the totality of the circumstances, weigh heavily for transfer to the Northern
District of Alabama, Northern Division.
V. CONCLUSION
Accordingly, it is ORDERED that this case, and all pending motions, shall
be TRANSFERRED to the United States District Court for the Northern District of
Alabama, Northern Division, pursuant to 28 U.S.C. § 1404(a). The Clerk of Court
is DIRECTED to take the necessary steps to effectuate the transfer.

DONE on this the 22nd day of May 2024.

R. Me JR.
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9988733. Public record. Not legal advice.