Hall v. Curran, 599 F.3d 70 (1st Cir. 2010). · Go Syfert
Hall v. Curran, 599 F.3d 70 (1st Cir. 2010). Cases Citing This Book View Copy Cite
42 citation events (42 in the last 25 years) across 11 distinct courts.
Strongest positive: Alleyne v. Gonzalez (mad, 2022-07-27)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Alleyne v. Gonzalez
D. Mass. · 2022 · quote attribution · 1 verbatim quote · confidence high
in cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration
discussed Cited as authority (verbatim quote) SOUCY v. SERGEANT THOMAS AVERILL
D. Me. · 2020 · quote attribution · 1 verbatim quote · confidence high
in cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration
discussed Cited as authority (rule) Ford v. Nash County General Hospital, Inc.
E.D.N.C. · 2025 · confidence medium
June 11, 2024) (holding that “present incarceration” did not “rebut the presumption” that prisoner retained citizenship of state where prisoner lived prior to incarceration); Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010); Thomas v. Farmer, 148 F. Supp. 2d 593 , 596 n.3 (D.
discussed Cited as authority (rule) Lama-Wolobah v. Paqui, LLC
D. Mass. · 2025 · confidence medium
James Connolly and Jane Doe “Citizenship [for an individual] is determined by domicile, which can be established by demonstrating that the individual is physically present in the state and has an intent to remain indefinitely.” Hall v. Curran, 599 F. 3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) Scudder Avenue LLC v. Plunkett
D. Mass. · 2025 · confidence medium
Considering only his citizenship and the original claim that Scudder LLC’s only member was John Gregg, the parties would be diverse. 20 “In cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state.” Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) Hafner v. Lombardo
D. Nev. · 2024 · confidence medium
Neb. 1968) 22 (requiring candidate for House of Representatives reside in the congressional district in which they are nominated); Hellmann v. Collier, 217 Md. 93 , 141 A.2d 908 (1958) (same); Shub v. Simpson, 196 Md. 177 , 76 A.2d 23 332 (1950) (demanding candidates file anti-subversion declaration to be eligible for office); Danielson v. Fitzsimmons, 44 N.W.2d 484 (1950) (convicted felon cannot qualify for federal office); In re O’Connor, 17 24 N.Y.S.2d 758 (Sup. Ct. 1940) (communist felon not allowed to file for election to Congress). 25 3 While there is a rebuttable presumption that a pr…
cited Cited as authority (rule) PCI DE, LLC v. Paulson & Co., Inc.
D.P.R. · 2024 · confidence medium
Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) Hafner v. Lombardo
D. Nev. · 2024 · confidence medium
Neb. 1968) (requiring candidate for House of 24 Representatives reside in the congressional district in which they are nominated); Hellmann v. Collier, 141 A.2d 908 (1958) (same); Shub v. Simpson, 196 Md. 177 , 76 A.2d 332 (Md.App.1950) (demanding candidates file anti-subversion 25 declaration to be eligible for office); Danielson v. Fitzsimmons, 44 N.W.2d 484 (1950) (convicted felon cannot qualify for federal office); In Re O’Connor, 17 N.Y.S.2d 758 (1940) (communist felon not allowed to file for election to 26 Congress). 2 While there is a rebuttable presumption that a prisoner is a reside…
discussed Cited as authority (rule) Glennie v. Garland
D.R.I. · 2023 · confidence medium
Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010). law claims may well be appropriately pursued in this Court based on diversity pursuant to 28 U.S.C. § 1332 , although the pleading does not allege diversity jurisdiction.
discussed Cited as authority (rule) Bradley v. The York County Sheriff.
D. Mass. · 2022 · confidence medium
“In cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state.” Hall v. Curran, 599 F.3d 70, 71 (1st Cir. 2010).
discussed Cited as authority (rule) Bradley v. York County Sheriff
D. Mass. · 2022 · confidence medium
“In cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state.” Hall v. Curran, 599 F.3d 70, 71 (1st Cir. 2010).
discussed Cited as authority (rule) Rayburn v. Anderson
M.D. Tenn. · 2021 · confidence medium
In other words, the intent required to establish a new domicile need not be an intent to remain permanently in the new location, but only intent to remain there ’indefinitely.’” E.g., Hall v. Curran, 599 F.3d 70, 72 (1st Cir.2010); In re Ran, 607 F.3d 1017, 1022 (5th Cir.2010).
discussed Cited as authority (rule) Miranda v. Flores
D. Mass. · 2020 · confidence medium
In the cases involving prisoners there is a rebuttable presumption that “the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state.” Hall v. Durran, 599 F.3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) Troisi v. Saltzman
D. Mass. · 2018 · confidence medium
Because Troisi is a prisoner, the Court presumed that she “remains a citizen of the state where [s]he was domiciled before [her] incarceration, even if [s]he is subsequently incarcerated in a different state.” Hall v. Durran, 599 F.3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) King v. Lunnin
D. Mass. · 2018 · confidence medium
“For purposes of diversity, a person is a citizen of the state in which he is domiciled.” Padilla–Mangual v. Pavia Hospital, 516 F.3d 29, 31 (1st Cir. 2008), and “[d]omicile is determined at the time the suit is filed.” Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) Rodriguez Tirado v. Speedy Bail Bonds
D.P.R. · 2016 · confidence medium
But as Rodriguez correctly retorts, “the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state.” Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010).
discussed Cited as authority (rule) Sea World, LLC v. Seafarers, Inc.
D.P.R. · 2016 · confidence medium
“A cause of action may be maintained in federal court, only if it involves a question of federal law, or if the controversy is between citizens of different states and the amount in controversy exceeds $75,000.” Hall v. Curran, 599 F.3d 70, 71 (1st Cir.2010) (citing 28 U.S.C. §§ 1331 , 1332).
discussed Cited as authority (rule) Bower v. Egyptair Airlines Co.
1st Cir. · 2013 · confidence medium
Hall v. Curran, 599 F.3d 70, 72 (1st Cir.2010); see GarciaPérez v. Santaella, 364 F.3d 348, 350 (1st Cir.2004); Rodríguez-Díaz v. Sierra-Martinez, 853 F.2d 1027, 1029 (1st Cir.1988) (ascertaining an individual’s domicile requires two showings: (1) physical presence in a state; and (2) the intent to make such a state the individual’s home).
discussed Cited as authority (rule) Denise Louise Sanders v. Luminescent Systems, Inc., et al.
D.N.H. · 2012 · confidence medium
A removal defendant can meet its burden by “alleging sufficient facts in its notice of removal, Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010). 3 relying on the face of the complaint in the underlying case, or . . . submit[ting] ‘summary-judgment-type’ evidence” regarding the amount in controversy at the time of removal.
discussed Cited as authority (rule) Silva Ramirez v. Hospital Espanol Auxilio Mutuo, Inc.
D.P.R. · 2011 · confidence medium
A cause of action may be maintained in federal court “only if it involves a question of federal law, or if the controversy is between citizens of different states and the amount in controversy exceeds $75,000.” 28 U.S.C. §§ 1331 , 1332; Hall v. Curran, 599 F.3d 70, 71 (1st Cir.2010).
discussed Cited as authority (rule) Rodriguez v. Senor Frog's de la Isla, Inc.
1st Cir. · 2011 · confidence medium
And Señor Frog is a citizen of Puerto Rico, see id. § 1332(c)(1), so Rodriguez’s suit is untenable if she was a Puerto Rico citizen when she filed her December 1, 2005 complaint, see, e.g., Hall v. Curran, 599 F.3d 70, 72 (1st Cir.2010) (per curiam).
discussed Cited as authority (rule) Garib-Bazain v. Hospital Español Auxilio Mutuo, Inc.
D.P.R. · 2011 · confidence medium
A cause of action may be maintained in federal court “only if it involves a question of federal law, or if the controversy is between citizens of different states and the amount in controversy exceeds $75,000.” 28 U.S.C. §§ 1331 , 1332; Hall v. Curran, 599 F.3d 70, 71 (1st Cir.2010).
cited Cited as authority (rule) Cruz-Gascot v. Hima-San Pablo Hospital Bayamon
D.P.R. · 2010 · confidence medium
This result is plainly inconsistent with the idea that “[federal courts are courts of limited jurisdiction.” Hall v. Curran, 599 F.3d 70, 71 (1st Cir.2010).
discussed Cited as authority (rule) James Pierro v. Angela Kugel
3rd Cir. · 2010 · confidence medium
No single factor is disposi-tive, and the analysis focuses not simply on the number of contacts with the purported domicile, but also on their substantive nature.” Hall v. Curran, 599 F.3d 70, 72 (1st Cir.2010) (per curiam) (quotations omitted).
discussed Cited "see" Texas Mutual Insurance Company v. SITUS Trucking, LLC (2×)
W.D. Tex. · 2023 · signal: see · confidence high
See Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010); García Pérez v. Santaella, 364 F.3d 348, 350 (1st Cir. 2004).
discussed Cited "see" Texas Mutual Insurance Company v. SITUS Trucking, LLC (2×)
D.P.R. · 2023 · signal: see · confidence high
See Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010); García Pérez v. Santaella, 364 F.3d 348, 350 (1st Cir. 2004).
discussed Cited "see" P.V.M. v. Mennonite General Hospital, Inc. (2×)
D.P.R. · 2023 · signal: see · confidence high
See Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010); García Pérez v. Santaella, 364 F.3d 348, 350 (1st Cir. 2004).
discussed Cited "see" Michael Strausbaugh v. Greentree Servicing LLC
3rd Cir. · 2021 · signal: see · confidence high
Courts have held that this presumption may be “rebutted by a prisoner who . . . show[s] facts sufficient to indicate a bona fide intention to change his domicile to the place of his incarceration.” Jones v. Hadican, 552 F.2d 249, 251 (8th Cir. 1977) (per curiam); see Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010) (per curiam).
cited Cited "see" Kelley Mala v. Crown Bay Marina
3rd Cir. · 2013 · signal: see · confidence high
See Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010); Smith v. Cummings, 445 F.3d 1254, 1260 (10th Cir. 2006); Sullivan v. Freeman, 944 F.2d 334, 337 (7th Cir. 1991).
cited Cited "see" Bower v. El-Nady
D. Mass. · 2012 · signal: see · confidence high
See Hall v. Curran, 599 F.3d 70, 72 (1st Cir.2010).
discussed Cited "see, e.g." Caldwell v. Mushegian
D.P.R. · 2024 · signal: see also · confidence medium
See also Hall v. Curran, 599 F.3d 70, 72 (1st Cir. 2010) (noting that domicile “can be established by demonstrating that the individual is physically present in the state and has an intent to remain indefinitely.”).
Retrieving the full opinion text from the archive…
Kevin D. HALL, Plaintiff, Appellant,
v.
John CURRAN, Defendant, Appellee
09-1354 .
Court of Appeals for the First Circuit.
Mar 23, 2010.
599 F.3d 70
Kevin D. Hall on brief pro se.
Boudin, Selya, Howard.
Cited by 31 opinions  |  Published
PER CURIAM.

Federal courts are courts of limited jurisdiction. A cause of action may be maintained in federal court only if it involves a question of federal law, or if the controversy is between citizens of different states and the amount in controversy exceeds $75,000. 28 U.S.C. §§ 1331, 1332. This pro se prisoner’s appeal raises the question of how citizenship of an incarcerated person is determined for diversity jurisdiction purposes under 28 U.S.C. § 1332(a)(1). We adopt the prevailing test articulated in Smith v. Cummings, 445 F.3d 1254 (10th Cir.2006), and affirm the district court’s dismissal of appellant’s complaint for lack of subject matter jurisdiction.

Appellant Kevin D. Hall lived in New Hampshire prior to his incarceration. After he was transferred to Sing Sing penitentiary in New York State, Hall filed suit in federal district court against an attorney for the New Hampshire Department of Corrections (“DOC”). Hall’s complaint alleged that this attorney had reneged on a promise in an earlier litigation (initiated when Hall was imprisoned in New Hampshire) to provide Hall with copies of his medical records in exchange for executing the forms that released those records to the attorney.

Hall’s complaint alleged only state-law claims for fraud, breach of contract, and tortious interference with beneficial contractual relations, and sought damages of $10 million. The DOC attorney was the sole defendant; he worked and resided in New Hampshire and, for all intents and purposes, was a citizen of that state. No federal question having been alleged, jurisdiction therefore depended on diversity of citizenship and an amount in controversy in excess of $75,000. 28 U.S.C. §§ 1331, 1332.

[*72] After completing his initial review under 28 U.S.C. § 1915A and New Hampshire Local Rule 4.3(d)(2), the magistrate judge recommended that the complaint be dismissed for lack of subject matter jurisdiction because the controversy alleged was not between citizens of different states. Hall timely objected and claimed that he would submit proof of his New York State citizenship. Besides his unsupported statement that he had “agreed to a civil commitment placement” in New York State after his release from custody, Hall offered no evidence. The district court, on de novo review, dismissed the complaint.

Under generally accepted principles, citizenship is determined by domicile, which can be established by demonstrating that the individual is physically present in the state and has an intent to remain indefinitely. Garcia Perez v. Santaella, 364 F.3d 348, 350 (1st Cir.2004); Rodriguez-Diaz v. Sierra-Martinez, 853 F.2d 1027, 1029 (1st Cir.1988). In ordinary circumstances, all that is needed to change one’s domicile is physical presence in the new state and the intent to make that state one’s home. E.g., Rodriguez-Diaz, 853 F.2d at 1029.

Domicile is determined at the time the suit is filed. Garcia Perez, 364 F.3d at 350-51. “Once challenged, the party invoking diversity jurisdiction must prove domicile by a preponderance of the evidence.” Id. at 350 (citing Bank One, Tex., N.A. v. Montle, 964 F.2d 48, 50 (1st Cir.1992)).

In cases involving prisoners, the courts presume that the prisoner remains a citizen of the state where he was domiciled before his incarceration, even if he is subsequently incarcerated in a different state. Smith, 445 F.3d at 1260 (citing Sullivan v. Freeman, 944 F.2d 334, 337 (7th Cir.1991)). That presumption is rebuttable, however. Stifel v. Hopkins, 477 F.2d 1116, 1126-27 (6th Cir.1973) (“a litigant will not be precluded from establishing a domicile within a state for purposes of diversity jurisdiction solely because his presence there initially resulted from circumstances beyond his control”). In order to overcome the presumption, the prisoner must offer more than conclusory statements and unsupported allegations. “No single factor is dispositive, and the analysis focuses not simply on the number of contacts with the purported domicile, but also on their substantive nature.” Garcia Perez, 364 F.3d at 351 (citing Lundquist v. Precision Valley Aviation, Inc., 946 F.2d 8, 12 (1st Cir.1991), and Leon v. Caribbean Hosp. Corp., 848 F.Supp. 317, 318 (D.P.R. 1994) (favoring ties that “could not be easily undone” over more easily established ties)). Relevant factors for the district court to consider include “the prisoner’s declaration of intentions, ‘the possibility of parole ..., the manner in which [he] has ordered his personal and business affairs, and any other factors that are relevant to corroboration of [the prisoner’s] statements.’ ” Smith, 445 F.3d at 1260 (quoting Stifel, 477 F.2d at 1126-27). See also Valedon Martinez v. Hosp. Presbiteriano de la Comunidad, Inc., 806 F.2d 1128, 1132 (1st Cir.1986) (“All that is required is that the court afford the nonmoving party an ample opportunity to secure and present evidence relevant to the existence of jurisdiction.”) (citations and quotations marks omitted).

In this matter, the district court gave Hall ample opportunity to present evidence to establish his citizenship in New York State. Although Hall promised to submit proof of his new domicile, he failed to do so. Because Hall failed to rebut the presumption that he is a citizen of New Hampshire, his domicile prior to his incarceration, there was no diversity of citizenship between the parties. The district[*73] court properly dismissed Hall’s complaint for lack of subject matter jurisdiction.

Affirmed.