Corley v. United States, No. 19-4092 (2d Cir. 2021)Annotate this Case
Plaintiff filed a pro se medical malpractice action under the Federal Tort Claims Act, alleging that he suffered dental injuries during several appointments while incarcerated by the Bureau of Prisons (BOP) at Federal Correctional Institution Danbury. Plaintiff initially filed suit in the United States District Court for the Southern District of New York, which sua sponte transferred the case to the United States District Court for the District of Connecticut. That court dismissed the action for insufficient service of process because plaintiff failed to include a certificate stating that after a reasonable inquiry a good faith belief exists that there had been negligence, as required by Connecticut General Statutes 52-190a.
The Second Circuit vacated the district court's dismissal of the action for insufficient service of process, concluding that Connecticut General Statutes 52-190a a is a procedural rather than substantive rule and is therefore inapplicable in civil actions in federal court. The court explained that there is no reason to overturn the transfer order. To the extent that plaintiff seeks to have this case transferred back to the Southern District of New York based on his current residence and potential witnesses located in New York, the court stated that he must move for such a transfer in the district court. The court remanded for further proceedings.