By Prison Legal News

The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas.

Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) suit in U.S. District Court in Illinois, alleging that Kansas medical staff had negligently misdiagnosed a blood clot in his leg.

The district court granted the defendants’ motion to transfer the case to a federal court in Kansas pursuant to 28 U.S.C. § 1404(a), because the principal witnesses were located in Kansas and the per-judge caseload in that state was lighter than the caseload in Illinois.

Hudson then filed a mandamus petition with the Seventh Circuit, seeking to return venue to Illinois. He argued that he and five of his witnesses – including three treating physicians – resided in Illinois.

The Court of Appeals agreed that mandamus was the proper method to challenge the district court’s transfer order: “The grant of the government’s motion to transfer the case was an unappealable interlocutory order, but an unappealable order can in exceptional circumstances be reviewed by a mandamus proceeding. The grant of a motion to transfer is an appealing candidate for such review.”

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