Doe v. St. Clair County et al

Filing 12

ORDER GRANTING Sealed Motion filed by Jane Doe (Doc. 10 ). Signed by Judge Staci M. Yandle on 2/26/2018. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

JANE DOE,
Plaintiff,
vs.
ST. CLAIR COUNTY, ST. CLAIR
COUNTY SHERIFF RICHARD
WATSON, and ROBERT SNEED,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 18-CV-380-SMY-SCW

MEMORANDUM AND ORDER
YANDLE, District Judge:
Plaintiff filed suit against Defendants St. Clair County, St. Clair County Sheriff Richard
Watson, and Deputy Sheriff Robert Sneed, pursuant to 42 U.S.C. § 1983, alleging violations of
her constitutional rights. Specifically, Plaintiff alleges that Sneed sexually assaulted her on two
separate occasions and the other Defendants failed to protect her from the assaults. Due to the
sensitive nature of Plaintiff's allegations, she moves to proceed with this lawsuit utilizing a
pseudonym (Doc. 10). For the following reasons, the motion is GRANTED.
As a general matter, litigating under a pseudonym is antithetical to our public judicial
system.

Doe v. City of Chicago, 360 F.3d 667, 669-670 (7th Cir. 2004).

However, the

presumption that a party's name is public information can be rebutted by showing that the harm
of identification outweighs the harm of anonymity. Id. The court has an independent duty to
determine whether exceptional circumstances justify such a departure from the normal method of
proceeding in federal courts – even if there is no opposition. Doe v. Blue Cross & Blue Shield

Page 1 of 2

United of Wisconsin, 112 F.3d 869, 872 (7th Cir. 1997). A pseudonym may be used when
necessary to protect the privacy of rape victims and other particularly vulnerable parties. Id.
Here, the highly sensitive, personal nature of the alleged harm in this case outweighs the
public interest in requiring Plaintiff to disclose her identity. The alleged sexual assaults were
perpetuated by a law enforcement officer defendant who is currently facing criminal charges as a
result of the alleged assaults. Thus far, Plaintiff has not been identified by the media in the
related criminal prosecution. Plaintiff lives in fear of retaliation and has legitimate fears of
humiliation for bringing this lawsuit.

The Court finds that revealing Plaintiff's name will

potentially expose her to the risk of retaliation by members of the public.
For the reasons stated, the Court finds that Plaintiff has carried her burden and shown that
the harm of identifying her outweighs the harm of anonymity. Accordingly, Plaintiff’s motion is
granted. The court and all litigants shall continue to use the pseudonym Jane Doe for Plaintiff in
all pleadings and other filings.
IT IS SO ORDERED.
DATED: February 26, 2018
s/ Staci M. Yandle
STACI M. YANDLE
United States District Judge

Page 2 of 2