Doe v. Questa Independent School District et al
Filing
21
MEMORANDUM OPINION AND ORDER by District Judge James O. Browning re document(s): 7 Order to Show Cause, 12 Response to Order to Show Cause. (fs)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHN DOE,
Plaintiff,
vs.
No. CIV 23-1052 JB/SCY
QUESTA INDEPENDENT SCHOOL
DISTRICT, LORI PASSINO, JOHN ROE 1,
and JOHN ROE 2
Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the Plaintiff’s Response to Notice and Order
to Show Cause and Request to File Annotated Complaint Under Seal, filed February 1, 2024
(Doc. 12)(“Show Cause Order Response”). The Court held a hearing on June 26, 2024. See
Clerk’s Minutes at 1, filed June 26, 2024 (Doc. 20). The primary issue is whether the Court should
permit Plaintiff John Doe to proceed pseudonymously as an exception to rule 10 of the Federal
Rules of Civil Procedure, because this case involves highly sensitive and personal matters relating
to Doe’s allegations of sexual abuse that occurred while Doe was a minor. The Court concludes
that Doe may proceed pseudonymously, because Doe’s need for anonymity outweighs the public’s
interest in accessing legal proceedings.
Under rule 10(a) of the Federal Rules of Civil Procedure, “[a]n action must be prosecuted
in the name of the real party in interest.” Fed. R. Civ. P. 10(a). “Proceeding under a pseudonym
in federal court is,” therefore, “‘an unusual procedure’” and is permitted only in “exceptional
circumstances warranting some form of anonymity in judicial proceedings.” Femedeer v. Haun,
227 F.3d 1244, 1246 (10th Cir. 2000)(quoting M.M. v. Zavaras, 139 F.3d 798, 800 (10th Cir.
1998)). Adopting the United States Court of Appeals for the Eleventh Circuit’s standard, the
United States Court of Appeals for the Tenth Circuit holds:
“Lawsuits are public events. A plaintiff should be permitted to proceed
anonymously only in those exceptional cases involving matters of a highly sensitive
and personal nature, real danger of physical harm, or where the injury litigated
against would be incurred as a result of the disclosure of the plaintiff’s identity.
The risk that a plaintiff may suffer some embarrassment is not enough.”
Femedeer v. Haun, 227 F.3d at 1246 (quoting Doe v. Frank, 951 F.2d 320, 324 (11th Cir. 1992)).
When determining whether a party can proceed under a pseudonym, the Tenth Circuit “weigh[s]
the public interest,” because “the public has an important interest in access to legal proceedings.”
Femedeer v. Haun, 227 F.3d at 1246.
Doe argues that this case involves matters of a highly sensitive and personal nature, because
“the allegations of childhood sexual abuse occurred while Plaintiff was a minor and the details
involve discussions of deeply personal sexual activity at a young age.” Show Cause Order
Response at 3. Defendants Questa Independent School District and Lori Passino take no position
on Doe’s request to proceed pseudonymously. See Draft Transcript of June 26, 2024 Hearing at
2:20-3:17 (taken June 26, 2024)(Court, Walz, Coppler). 1 The Court concludes that Doe meets his
burden of showing that his need for anonymity outweighs the public interest in favor of openness.
Doe’s allegations of sexual abuse as a minor are of a “highly sensitive and personal nature.”
Femedeer v. Haun, 227 F.3d at 1246. Judges in this district have allowed cases involving claims
of sexual abuse against minors to proceed pseudonymously, even where plaintiffs are no longer
minors at the time of litigation. See Doe 167 v. Sisters of Saint Francis of Colo. Springs, No. CIV
20-0907 WJ/LF, 2021 WL 664006, at *3-4 (D.N.M. Feb. 19, 2021)(Johnson, C.J.)(allowing
plaintiffs, now in their fifties and sixties, to proceed pseudonymously in case alleging childhood
The Court’s citations to the transcript of the hearing refer to the court reporter’s original,
unedited version. Any final transcript may contain slightly different page and/or line numbers.
1
-2-
sexual abuse because of privacy interests and “highly sensitive” disclosures); S.M. v. Bloomfield
Sch. Dist., No. CIV 16-0823 SCY/WPL, Order Granting Motion to Proceed Anonymously at 8-9
(filed December 1, 2016)(D.N.M.)(Doc. 43 in CIV 16-0823)(Yarbrough, M.J.)(allowing the
plaintiff to proceed pseudonymously in case alleging abuse by her high school teacher, in part
because allegations of sexual assault “touch upon highly sensitive matters” and because plaintiff
was a minor at the time of incident). Similarly here, Doe’s allegations of sexual abuse as a minor
and the highly sensitive nature of these allegations support the Court’s conclusion that Doe’s need
for anonymity outweighs the public interest in favor of openness.
IT IS ORDERED that: (i) the request to proceed pseudonymously in the Plaintiff’s
Response to Notice and Order to Show Cause and Request to File Annotated Complaint Under
Seal, filed February 1, 2024 (Doc. 12), is granted; (ii) Plaintiff John Doe may proceed
pseudonymously; and (iii) Doe must file an annotated complaint under seal containing Doe’s full
name for the record.
________________________________
UNITED STATES DISTRICT JUDGE
Counsel:
Paul Linnenburger
Lane Linnenburger Lane LLP
Albuquerque, New Mexico
Attorneys for the Plaintiff
Jerry A. Walz
Alisha L. Walz
Walz and Associates, P.C.
Albuquerque, New Mexico
Attorneys for Defendant Questa Independent School District
-3-
Gerald A Coppler
Coppler Law Firm, P.C.
Santa Fe, New Mexico
Attorneys for Defendant Lori Passino
-4-
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