Ronald M. Costlow and Bonnie F. Costlow v. Larry Weeks, Individually, and as Assistant Attorney General for the State of Alaska, Etc.
Opinion
Opinion
Duniway, J.
Ronald M. Costlow and Bonnie F. Cost-low appeal from the district court’s sua sponte dismissal of their complaint for improper venue. We affirm.
FACTS
On April 24, 1985, the Costlows filed a civil rights complaint in the District Court for the Western District of Washington. In it, Ronald alleged that when he was an Alaskan state trooper in 1969 and 1970, numerous Alaskan officials and entities penalized, harassed, maliciously and falsely arrested, imprisoned, and convicted him of crimes he had not committed, all because he refused to follow the state police’s allegedly discriminatory racial policies. He also claimed injury resulting from the defendants’ publication of the disputed events to Washington employers requesting employment references. He invoked federal jurisdiction on both federal question and diversity grounds.
On May 13, 1985, the district court sua sponte ordered the Costlows to show cause why the complaint should not be dismissed for improper venue under 28 U.S.C. § 1406 (a). A copy of the order was sent to all counsel of record. The court was not persuaded by the Costlows’ response and, on June 4, 1985, it dismissed their complaint without…