A Rare Order Calling for Defendant-Side Pseudonymity,
From today’s order by Judge Philip P. Simon (N.D. Ind.) in Bartole v. Doe:
Marcus T. Bartole, a prisoner without a lawyer, filed a complaint but didn’t pay the filing fee or file an in forma pauperis motion…. As required by 28 U.S.C. § 1915A, I must screen the complaint and dismiss it if it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief….
In a nutshell, Bartole’s complaint alleges two private individuals, whom I will refer to for the time being as Jane Doe #1 and Jane Doe #2, conspired to violate his civil rights under 42 U.S.C. §§ 1985(3), 1986 & 28 U.S.C. 1343. {He also claims these individuals subjected him to intentional infliction of emotional distress, invaded his privacy, defamed, and slandered him.} Bartole starts by telling me he is part of a “suspect class” as a registered “sexually violent offender” and perhaps generally as a male. He alleges the two Jane Does began using social media and other electronic means to track his location and activities, and in June of 2021, they began broadcasting their “class based animus belief of [Bartole] that as a ‘man’ and as a ‘sexually violent predator’ (as [he] is labeled via his registration),” Bartole was dangerous, evil, and a “women hater and rapist.”They allegedly did this because they didn’t believe he should have been released into the community. He claims they continued to conspire throughout October and November of 2021, and eventually made up “false allegations of criminal and sexual misconduct” against him.
Without repeating Bartole’s very detailed account of the events that allegedly transpired, here is a summary: on November 11, 2021, Jane Doe # 1 engaged him in conversation, invited herself to his house for a drink, and essentially seduced him—all part of their conspiracy against him. After having consensual sex in the shower with Bartole, Jane Doe #1 became sick and wasn’t able to perform the next part of the conspiracy which would have involved hitting herself to make it look like she had been beaten by Bartole. Instead, Bartole escorted her to the bus station and sent her home.
The next day, Jane Doe #1 told Jane Doe #2 what had happened, and they agreed to try and finish their conspiracy. Bartole and Jane Doe #1 exchanged text messages and eventually met up at Bartole’s apartment again later that night. They began drinking and agreed to again have consensual sex, but Bartole started to feel sick, so he laid down in the shower. Jane Doe #1 also got sick and vomited in the shower. Jane Doe #1 then called 911 and falsely accused Bartole of forcing her to have oral sex, slapping her, and strangling her. Bartole claims Jane Doe #1 and Jane Doe #2 have continued to spread false information about him and the incident that occurred via social media.
Multiple charges were brought against Bartole in state cou
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