Doe v. Salina, Jr.

CourtDistrict Court, E.D. New York
DecidedMarch 25, 2024
Docket2:23-cv-03529
StatusUnknown

This text of Doe v. Salina, Jr. (Doe v. Salina, Jr.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Salina, Jr., (E.D.N.Y. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------x JANE DOE, JOHN DOE, DOE CHILD 1, and DOE CHILD 2,

Plaintiffs, MEMORANDUM AND ORDER 23-CV-3529 (JMW) -against-

DR. EDWARD A. SALINA, JR., et al.,

Defendants. ------------------------------------------------------------x

A P P E A R A N C E S: Ronald A. Berutti, Esq. Murray-Nolan Berutti LLC 30 Wall St. New York, NY 10005 Attorney for Plaintiffs

Adam I. Kleinberg, Esq. Sokoloff Stern LLP 179 Westbury Avenue Carle Place, NY 11514 Attorney for Defendants

WICKS, Magistrate Judge: Plaintiffs Jane Doe and John Doe, a husband and wife (the “Parent Plaintiffs”), bring this action with their two minor children, Doe Child 1, and Doe Child 2 (the “Doe Children”) (collectively, “Plaintiffs”), pursuant to 42 U.S.C. § 1983, alleging claims against a Long Island school district and various school administrators arising out of Jane Doe’s “public advocacy” against policies implemented at her children’s elementary school, including its COVID-19 mask protocols. See generally ECF No. 1. In response to this advocacy, the Complaint alleges, school administrators banned Jane Doe from school property, and the Doe Children faced retaliatory and unequal treatment for attending school without masks. Id. On May 25, 2023, this Court ordered Plaintiffs to show cause why they should be permitted to litigate this suit using pseudonyms. (ECF No. 8.) On May 30, 2023, Plaintiffs filed

their Motion for Protective Order/To Proceed Under Pseudonyms (ECF No. 11), primarily arguing that “the Doe Children are very young, and there is reasonable fear and concern that by filing under their own names, retribution will be taken against [them].” (Id. at 5.) Defendants oppose Plaintiffs’ Motion, and request that the Court direct the Parent Plaintiffs to disclose their identity and use initials for the Doe Children. (ECF No. 12.) Now before the Court is Plaintiffs’ Motion for Protective Order/To Proceed Under Pseudonyms (ECF No. 11), and Defendants’ Response in Opposition (ECF No. 12.) For the reasons stated herein, Plaintiffs’ Motion for Protective Order/To Proceed Under Pseudonyms (ECF No. 11) is GRANTED. BACKGROUND Plaintiffs commenced this action on May 10, 2023, pursuant to 42 U.S.C § 1983, alleging

the Doe Children’s constitutional rights were violated because Defendants retaliated against them for criticizing Defendants’ policies and curricula. (ECF No. 1 at ¶ 1.) Specifically, Plaintiffs allege the Doe Children were enrolled in Eastplain Elementary School within the Plainedge Union Free School District (“Plainedge” or the “District”), and their mother, Mrs. Doe, was an “active opponent” to the District’s COVID-19 protocols related to universal masking, social distancing, and placement of plexiglass around seating in classrooms, as well as what Plaintiffs claim to be “racially divisive” and “anti-police” curricula and programming. (Id. at ¶¶ 10-11, 26-41, 42-68.) Plaintiffs allege Defendants violated Plaintiffs’ civil rights by excluding Mrs. Doe from school premises, and by segregating and discriminating against Plaintiffs for their public advocacy on mask choice “and other matters of public concern and relevance” in the Plainedge community. (Id. at ¶ 2.) Plaintiffs further allege that Defendants spied on Mrs. Doe, interfered

with Plaintiff’s rights to free speech and freedom of assembly. (Id. at ¶ 3.) The Complaint asserts the Doe Children were faced with hostile conditions in school “by an administration that knowingly looked the other way and abdicated their constitutional obligations at the Doe Children were bullied, all in retribution for the [P]laintiffs exercising their constitutional rights[,]” (id. at ¶ 4), and that eventually, Doe Child 1 “could no longer attend school due to the emotional damage being caused to him.” (ECF No. 11 at 7; Id. at ¶ 157-168.) On May 24, 2023, Defendants filed a motion for extension of time to answer the Complaint, which was granted by the undersigned on May 25, 2023. (See Electronic Orders dated May 24, 2023 and May 25, 2023.) On May 25, 2023, District Judge Eric R. Komitee ordered the Plaintiffs to show cause “why, under the standard set forth in Sealed Plaintiff v.

Sealed Defendant, 537 F.3d 185 (2d Cir. 2008) (“Sealed Plaintiff”) and other applicable law, the Court should permit them to remain anonymous in this action.” (See Electronic Order dated May 25, 2023.) On May 30, 2023, Plaintiffs filed their Motion for a Protective Order/To Proceed Under Pseudonyms (ECF No. 11). In support of their Motion, Plaintiffs claim that “the Doe [C]hildren, who both are grammar school age, were so discriminated against and bullied due to their mother’s advocacy that they were pulled out of the District’s public schools, despite the economic hardship caused [to the family] by such decision” and Plaintiffs “filed their Complaint seeking anonymity in order to protect [the Doe Children] from being the subjects of widespread and potentially damaging publicity.” (ECF No. 11 at 7.) Plaintiffs argue they satisfy the requirements for anonymous pleading set forth in Sealed Plaintiff. (Id. at 8.) First, Plaintiffs argue the instant litigation is “highly sensitive and personal in nature” because of the retribution taken against the Doe Children. (Id. at 9.) Specifically, Plaintiffs claim that while the Doe Children have now

transferred out of the District’s schools, “[P]laintiffs have significant reason to fear that by filing this suit and standing up for [the Doe Children’s rights], children, teachers, and parents in their new school may repeat the pattern of bullying and harassment of the Doe Children or such bullying and harassment could occur in the future due to social media sensationalism.” (Id. at 9- 10.) Second, Plaintiffs argue identification of the Plaintiffs poses a risk of retaliatory physical or mental harm to the Doe Children and others because, as Plaintiffs note, the Doe Children have already had to leave the District’s schools because of the “mental cruelty of other children toward Child 1” and “associated children were the subject of retaliatory actions at school for acting” in accordance with Mrs. Doe’s advocacy, “thus placing [the] associated children at risk

of retribution by staff who may be unaware of their involvement with the Doe [C]hildren.” (Id. at 10.) Third, Plaintiffs argue that their identification presents other harms, including the “constant reminder to Mrs. Doe’s detractors that acting out against her children may ‘teach her a lesson’ not to speak out in an effort to chill constitutionally protected speech” and the “additional and avoidable harm” to the Doe Children. (Id.) Fourth, Plaintiffs contend the Doe Children are minor plaintiffs who “have already suffered emotional trauma due to experiences related to this litigation” and are grammar school children who “deserve privacy despite bringing this lawsuit so that they are not re-victimized for seeking vindication of their rights.” (Id. at 11.) Fifth, Plaintiffs argue the suit is challenging the actions of government and not of private parties because the claims here are against “state actors who have public duties,” and whose “private interests are not at stake in the same way as a private party’s interests would potentially be compromised by virtue of an anonymous filing.” (Id.) Sixth, Plaintiffs maintain that Defendants would not be significantly prejudiced by the

anonymous filing, as “Defendants were state actors who engaged in allegedly unconstitutional conduct in terms of their treatment of Mrs.

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