United States District Court, D. Rhode Island
J. McCONNELL, JR., UNITED STATES DISTRICT JUDGE
Jermaine Neufville filed a complaint seeking damages and
declaratory relief for his arrest and detention by the
Department of Homeland Security. See ECF No. 1 at
7-20. In his complaint, Mr. Neufville alleges that he
experienced unconstitutional conditions of confinement
following an unlawful seizure and was deprived the ability to
properly litigate his appeal before the Board of Immigration
Appeals ("BIA"). Id.
Defendants moved to dismiss the complaint, citing improper
venue, lack of subject-matter jurisdiction, and for failing
to state a claim upon which relief can be granted.
See ECF No. 8. Mr. Neufville did not respond to the
Defendants' motion to dismiss but has moved for an
extension of time (ECF No. 13). This is Mr. Neufville's
second request for an extension of time. See ECF No.
11 and ECF No. 13. His first request was granted by the Court
(see Text Order Granting Motion for Extension of
Time to File (Entered Sept. 9, 2019)), but Mr. Neufville
failed to respond by the due date.
the Court finds that venue is improper in the District of
Rhode Island, the Court GRANTS the Defendants motion to
dismiss (ECF No. 8) without prejudice and DENIES Mr.
Neufville's motion for an extension of time (ECF No. 13).
is proper in "(1) a judicial district where any
defendant resides, if all defendants reside in the same
State, (2) a judicial district in which a substantial part of
the events or omissions giving rise to the claim occurred...
or (3) a judicial district in which any defendant may be
found, if there is no district in which the action may
otherwise be brought." 28 U.S.C. § 1391(b).
complaint, Mr. Neufville asserts that venue is proper in the
District of Rhode Island pursuant to 28 U.S.C. §
1391(b)(2) "because the claims in [his] complaint
originated, within the territorial boarders of the [District
of Rhode Island]." ECF No. 1 at 5. In their motion to
dismiss, the Defendants note that, although Mr. Neufville was
arrested in Rhode Island, Mr. Neufville has never been
confined (pursuant to immigration proceedings) in the
District of Rhode Island. ECF No. 8 at 7-8. Thus, Mr.
Neufville's allegations of unconstitutional conditions of
confinement and the deprivation of an ability to properly
litigate his BIA appeal did not occur within the District of
Rhode Island. See ECF No. 1 at ¶¶ 41-47.
reviewing venue under subsection (b)(2) of 28 U.S.C. §
1391, the Court must question whether the District of Rhode
Island is "a judicial district in which a substantial
part of the events ... giving rise to the claim
occurred." Astro-Med, Inc. v. Nihon Kohden Am.,
Inc., 591 F.3d 1, 11-12 (1st Cir. 2009) (quoting 28
U.S.C. § 1391(b)(2)). For this analysis, the Court must
look "not to a single triggering event prompting the
action, but to the entire sequence of events underlying the
claim." Id. (quoting Uffner v. La Reunion
Francaise, S.A., 244 F.3d 38, 42 (1st Cir.200l)
(internal quotation marks omitted)). This requires the Court
to take a "holistic view" of the alleged claims in
a complaint. Id. at 12.
reviewing the complaint holisticaliy, the Court finds that
the only event that transpired in the District of Rhode
Island, Mr. Neufville's arrest, was insubstantial in
relation to the totality of claims that Mr. Neuville alleges,
which occurred in detention centers outside of the District
of Rhode Island. Venue for this action is thus not proper in
the District of Rhode Island under 28 U.S.C. §
1391(b)(2). The Court accordingly grants the
Defendants' motion to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(3). This motion to dismiss is granted
without prejudice to allow Mr, Neufville to file a complaint
in a proper venue.
reasons stated, the Defendants' Motion to Dismiss is
GRANTED (ECF No. 8) without prejudice and the Plaintiffs
Motion for an Extension of Time is DENIED (ECF No. 13).
 Mr. Neufville was originally detained
at the Bristol County Sherriff Office in Massachusetts and
then transferred to (i) the Suffolk County Detention Center
in Massachusetts; (ii) Strafford County Detention Center in
Strafford, New Hampshire,' (iii) the Lasalle Detention
Center in Jena, Louisiana; and (iv) the Etowah County
Detention Center ...