Venue -- Government Officers and Agencies as Defendants
Suits against government officers acting in their official
capacities or under color of office or legal authority, and against
government agencies or the United States, may be brought, pursuant
U.S.C. § 1391(e), in any judicial district in which: |
A. A defendant in the action resides;
B. The cause of action arose;
C. Any real property involved in the action is situated; or
D. Where the plaintiff resides if no real property is involved.
Section 1391(e) of Title 28 is a venue statute and confers no
jurisdiction upon the court. See Andrus v. Charlestone Stone
Co., Inc., 436 U.S. 604, 608 n.6 (1978). A suit for money damages
paid by an individual who is or was a federal employee "is not
encompassed by the venue provisions of § 1391(e)." Stafford v.
Briggs, 444 U.S. 527, 542 (1980); see also Micklus v. Carlson, 632
227, 240-41 (3d Cir. 1980). This section may not be used to obtain
over a former employee, where the federal employment had terminated
of the date suit was filed or the individual was joined as a
See Sutain v. Shapiro and Lieberman, 678 F.2d 115, 117 (9th Cir.
For purposes of 28 U.S.C. § 1391(e)(1), the residence of
officers is that place where the officers perform their official
See Reuben H. Donnelley Corp. v. F.T.C., 580 F.2d 264, 266 n.3 (7th
1978). The presence of an agency regional office within a judicial
district does not make the agency a resident of the district for
purposes. Id. at 267. Only one of the plaintiffs need reside in the
district for venue to be proper under 28 U.S.C. § 1391(e)(3).
Corp. v. F.T.C., 588 F.2d 895, 899 (3d Cir. 1978).
However, 28 U.S.C. § 1391(e) was only intended to apply to
Executive Branch employees, and not to Members of Congress or their
employees. Liberation News Service v. Eastland, 426 F.2d 1379 (2d
1970). 28 U.S.C. § 1391(e) does not apply to suits filed in the
Canal Zone. See Drummond v. Bunker, 560 F.2d 625, 626 (5th Cir.
[cited in USAM 4-2.200]