Doe v. Goldman

169 F.R.D. 138, 1996 U.S. Dist. LEXIS 19932, 1996 WL 604320
CourtDistrict Court, D. Nevada
DecidedOctober 16, 1996
DocketNo. CV-S-96-00688-DWH (RLH)
StatusPublished
Cited by4 cases

This text of 169 F.R.D. 138 (Doe v. Goldman) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Goldman, 169 F.R.D. 138, 1996 U.S. Dist. LEXIS 19932, 1996 WL 604320 (D. Nev. 1996).

Opinion

ORDER

HAGEN, District Judge.

Before the court is defendants’ motion to dismiss or, in the alternative, for a more [139]*139definite statement, on the grounds plaintiff cannot bring this action anonymously (# 5). Plaintiff responds (#8), and defendants reply (# 13).

FACTS

Plaintiff is a police officer assigned to a junior high school in Clark County. He brings this action under § 1983, claiming he was retaliated against for exercising his rights under the First Amendment by endorsing a candidate for school trustee and exposing police department hiring, disciplinary and promotional practices that violated Clark County School District (“District”) policies. The individual defendants are administrators for the District.

Plaintiff claims as a result of speaking out, defendants concocted a scheme to discriminate against him by enacting a policy of random psychological examinations of police officers which was not at all random but created to force plaintiff to undergo psychological evaluation. Plaintiff alleges that after defendants were forced to rescind this policy defendants told District employees and school board members the policy was created to allow the District to require plaintiff to undergo psychological testing. In his opposing affidavit, plaintiff claims defendants accused him of attempting suicide by putting a gun to his head; purportedly, the attempt would have succeeded but for another officer physically restraining plaintiff. Plaintiff denies this incident occurred but claims that if he cannot plead anonymously, the resulting stigma of having these allegations made public — especially since he carries a gun at a school — will cause irreparable harm to his career.

ANALYSIS

There is no express or implied right to bring an action anonymously. Doe v. Rostker, 89 F.R.D. 158, 161 (N.D.Cal.1981). Fed.R.Civ.P. 10(a) requires “the complaint ... include the names of all the parties.” In Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 492-93, 95 S.Ct. 1029, 1044-45, 43 L.Ed.2d 328 (1975), the Supreme Court stated:

A trial is a public event. What transpires in the courtroom is public property---There is no special perquisite of the judiciary which enables it, • as distinguished from other institutions of democratic government, to suppress, edit or censor events which transpire in proceedings before it.

Despite this policy, courts have carved out exceptions to Rule 10 if the parties have strong interests in proceeding anonymously. Rostker at 161. This practice increased after the Court’s decision in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). Before Roe there were only 28 reported federal cases brought by anonymous plaintiffs. In 1994 alone cases brought by anonymous plaintiffs resulted in eighteen federal court of appeals decisions, thirty-three district court decisions and fifty-seven state appellate court decisions. Adam A. Milani, Doe v. Roe: An Argument for Defendant Anonymity when a Pseudonymous Plaintiff Alleges a Stigmatizing Intentional Tort, 41 Wayne L.Rev. 1659, 1661-62 (1995). In deciding whether to allow a plaintiff to plead anonymously, the court employs a balancing test to decide if the plaintiff has a substantial privacy interest outweighing the presumption of openness in judicial proceedings. E.g., Doe v. Frank, 951 F.2d 320, 323 (11th Cir.1992).

District courts throughout the country have identified several factors to consider in employing the balancing test. These factors include:

(1) whether the plaintiff is challenging governmental activity;
(2) whether the party defending the suit would be prejudiced;
(3) whether the plaintiff is required to disclose information of the utmost intimacy;
(4) whether the plaintiff is compelled to admit an intention to engage in illegal conduct, thereby risking criminal prosecution;
(5) whether the plaintiff would risk suffering injury if identified;
(6) whether the interests of children are at stake; and
(7) whether there are less drastic means of protecting the legitimate interests of either party.

[140]*140E. g., Frank, 951 F.2d at 323; Doe v. Stegall, 653 F.2d 180, 185 (5th Cir. Unit A Aug. 1981); Doe v. Indiana Black Expo, Inc., 923 F.Supp. 137, 140 (S.D.Ind.1996) (citations omitted). None of these factors is dispositive, and all should be considered together in each case. Frank, 951 F.2d at 323.

In regard to the first factor, the court finds plaintiff is suing the government, but not in the sense usually allowed in “Doe” plaintiff suits. The school district is a defendant; however, the subject of the suit is not a typical statute of general application but an ad hoc and short-lived policy purportedly directed with malice at plaintiff by individuals also named as defendants to the suit. As the Fifth Circuit noted in Southern Methodist Univ. Ass’n of Women Law Students v. Wynne & Jaffe, 599 F.2d 707, 713 (5th Cir. 1979):

While [suits against the government] involve no injury to the Government’s “reputation,” the mere filing of a civil action against other private parties may cause damage to their good names and reputation and may also result in economic harm____ Basic fairness dictates that those among the defendants’ accusers who wish to participate in this suit as individual party plaintiffs must do so under their real names.

Further, plaintiff is not seeking relief from application of the policy; he instead seeks compensatory damages and punitive damages from each defendant. Thus, while it is true plaintiff sues the government, the weight of this fact is mitigated by the relief sought, the grounds for the claim, and the plaintiffs choice to include individual defendants. This case is simply not on par with other instances of “Doe” plaintiffs suing the government. E.g., Doe v. Commonwealth’s Attorney for City of Richmond, 403 F.Supp. 1199 (E.D.Va.1975), aff'd, 425 U.S. 901, 96 S.Ct. 1489, 47 L.Ed.2d 751 (1976) (constitutional challenge to state sodomy statute as applied to consenting homosexuals); Doe v. Gillman, 347 F.Supp. 482 (N.D.Ia.1972) (challenges to right of state welfare departments to require cooperation of AFDC recipients in obtaining convictions of spouses for nonsupport).

This consideration ties in with the second factor, i.e., the prejudice to defendants. In Indiana Black Expo, 923 F.Supp. at 141—42, the court noted:

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Cite This Page — Counsel Stack

Bluebook (online)
169 F.R.D. 138, 1996 U.S. Dist. LEXIS 19932, 1996 WL 604320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-goldman-nvd-1996.