Venue

What It Is

Venue is about where you file your case. Even if a federal court has jurisdiction over your § 1983 claim, you can’t just file in any federal court in the country. The venue statute — 28 U.S.C. § 1391 — tells you which federal district court is the proper place.

The Basic Rule

Under 28 U.S.C. § 1391(b), you can file your § 1983 case in a district where:

1. Any defendant resides, if all defendants reside in the same state
2. A substantial part of the events giving rise to the claim occurred
3. Any defendant is subject to personal jurisdiction, but only if no other district qualifies

For most § 1983 cases, the easiest option is #2 — file in the district where the constitutional violation happened. If a police officer used excessive force against you in Phoenix, Arizona, you would file in the District of Arizona.

Where Does a Defendant “Reside”?

• Individual defendants (like police officers) reside where they are domiciled — their permanent home.
• Municipal defendants (like a city or county) reside in any district where they are subject to personal jurisdiction. For a city, that is typically the district where the city is located.

Transfer of Venue

Even if you pick a proper venue, a defendant can ask to transfer the case to a more convenient district under 28 U.S.C. § 1404(a). The court considers factors like where the witnesses and evidence are, and the convenience of the parties. See In re Volkswagen of America, Inc., 545 F.3d 304 (5th Cir. 2008).

If you file in the wrong venue entirely, the court can either dismiss or transfer the case under 28 U.S.C. § 1406(a).

Practical Tips

• File where it happened. The district where the police misconduct occurred is almost always proper venue and the most convenient for you.
• Check the district. The federal court system divides each state into one or more districts. Look up which district covers the location of the incident at uscourts.gov.
• Don’t confuse venue with jurisdiction. Jurisdiction is whether the court has power to hear your type of case. Venue is whether the case is filed in the right place.
• Venue objections can be waived. If the defendant doesn’t object to improper venue early in the case, they lose the right to challenge it later.

Key Takeaway

For most § 1983 cases, file in the federal district where the unconstitutional conduct occurred. That is usually the simplest and safest choice.