Can People Suing Sean Combs / P. Diddy for Sexual Assault Litigate as John or Jane Does? Judges Are Split
Many people have sued Sean Combs (P. Diddy) for alleged sexual assault in federal court in Manhattan (S.D.N.Y.); many of those have sued pseudonymously. So far:
[1.] Some judges have allowed the cases to go forward under a pseudonym (Doe v. Combs) until Combs’ lawyers enter an appearance and have an opportunity to oppose pseudonymity. The orders (see, e.g., here, here, here, and here) have mostly been short, but have offered at least some reasoning; here’s one from Judge Lewis Liman:
In determining whether a Plaintiff may proceed anonymously, “the plaintiff’s interest in anonymity must be balanced against both the public interest in disclosure and any prejudice to the defendant.” A court should consider factors including whether the litigation involves matters that are “highly sensitive and of a personal nature,” “whether identification poses a risk of retaliatory physical or mental harm,” whether the defendant is prejudiced, whether any such prejudice “differs at any particular stage of the litigation,” whether any such prejudice “can be mitigated by the district court,” and the public interest.
Plaintiff has made a preliminary showing sufficient to permit the filing of the complaint and the issuance of a summons. The nature of Plaintiff’s sexual assault allegations is highly personal, and Plaintiff states that Defendant Sean Combs threatened her with violence if she spoke of the alleged assault. Given that Defendant is a public figure, revelation of Plaintiff’s identity may also lead to significant, potentially harmful attention from media and the public. However, Defendants have a right to be heard, the Court must take the interests of the public into account, and “the balance between a party’s need for anonymity and the interests weighing in favor of open judicial proceedings may change as the litigation progresses.” Therefore, Plaintiff shall file a renewed motion to continue to proceed anonymously within 30 days after service of the complaint. In the absence of a timely filed motion, the Court shall order the name of the Plaintiff be disclosed.
(Recall that the question in these cases is whether the plaintiff’s identity could be hidden by the public; the plaintiff’s name would of course have to be provided to the defendant, since otherwise the defendant wouldn’t be able to defend himself.)
[2.] But last week, Judge Mary Kay Vyskocil refused to allow pseudonymity, even before Combs’ lawyers entered an appearance:
Defendant Sean Combs is a famous record executive and rapper. He is currently detained in New York while awaiting trial on federal criminal charges. Plaintiff “Jane Doe” alleges that Combs raped her and threatened her life in 2004….
Rule 10 of the Federal Rules of Civil Procedure provides that a “complaint must name all the parties.” This Rule “serves the vital purpose of facilitating public scrutiny of judicial proceedings.” It “cannot be set aside lightly.” As the Second Circuit has explained, “The people have a right to know who is using their courts.” Indeed, this “right is ‘supported by the First Amendment.'”
In limited circumstances, a district court has discretion to grant an exception to the “general requirement of disclosure of the names of parties” to permit a party to proceed under a pseudonym. The question for the court is whether the plaintiff has a “substantial privacy” interest that “outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings.” The court must also consider the interests of the opposing party. Moreover, plaintiffs “seeking anonymity” must offer the court “more than just ‘mere speculation'” about the competing interests at stake….
The court goes through the various factors that the Second Circuit has identified as relevant to this weighing (in the Sealed Plaintiff v. Sealed Defendant decision); here is an excerpt of some of the key ones:
This Litigation Involves Highly Sensitive and Personal Allegations, but this Factor is Not Dispositive.
Plaintiff alleges that Combs raped her in frightening circumstances. Her allegations are “highly sensitive and of a personal nature,” and, therefore, the first Sealed Plaintiff factor weighs in Plaintiff’s favor. However, this factor is not dispositive. Simply put, “allegations of sexual assault, by themselves, are not sufficient to entitle a plaintiff to proceed under a pseudonym.” Indeed, many courts in this District have denied motions to proceed under a pseudonym despite concluding that the plaintiff’s allegations were highly sensitive and personal….
Plaintiff’s Allegations of Harm Are Insufficient.
Plaintiff’s counsel asserts that “[t]here is a significant risk here of physical harm to Plaintiff that cannot be ignored.” However, counsel offers no support for this assertion beyond the allegation in the Complaint that, twenty years ago, Combs threatened Plaintiff’s life if she fled at
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