Daugherty v. Procunier

Key passage — most relied on by later courts

““In the first place, all of the named defendants are residents in the Western District of Pennsylvania. 28 U. S.C. § 1391(b) provides: “ ‘A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought only in the judicial district where all defendants reside, except as otherwise provided by law.’ “Since 28 U.S.C. § 1343 , the statute providing for jurisdiction of cases under the Civil Rights .Act, has no special venue provision, 28 U.S.C. § 1391 (b) applies to this case. 1 Moore’s Federal Practice ¶ 0.144(17), p. 1680 (1964 ed.). This action does not rest on diversity of citizenship and under 28 U.S.C. § 1391 (b), the plaintiff has no choice of venue, but must bring the action in the district where the defendants reside. 1 Moore’s Federal Practice f[ 0.142(4), p. 1479 (1964 ed.). Since all the defendants reside in the Western District of Pennsylvania, that is where the plaintiff must bring the action.””

quoted by 1 later decision, including Harley v. Oliver