USE OF PSUEDONYM WAS PERMITTED

WHAT’S IN A NAME?

Because "Jane FC Roe" claimed to have been sexually abused by a music teacher who was employed by Oldfield Middle School --  a part of the Harborfields Central School District and Board of Education of Harborfields Central School District. -- she filed a personal injury case, alleging (among other things) negligence and negligent supervision. She also sought to have the public record sealed and asked for permission to prosecute the action using a pseudonym (thus withholding her real name).

After the Suffolk County Supreme Court granted that request, the school defendants appealed to the Appellate Division, Second Department, which thought that the underlying relief had been "providently granted."

When reviewing such an application, a court is required to consider the following factors or elements:

"'1) whether the plaintiff is challenging governmental activity or an individual's actions, 2) whether the plaintiff's action requires disclosure of information of the utmost intimacy, 3) whether identification would put the plaintiff [or innocent third-parties] at risk of suffering physical or mental injury, 4) whether the defendant would be prejudiced by allowing the plaintiff to proceed anonymously, and 5) the public interest in guaranteeing open access to proceedings without denying litigants access to the justice system.'”

Jane was found to have credibly established that “due to the sexual abuse the plaintiff continues to suffer great pain of mind and body, shock, emotional distress, physical injuries, physical manifestations of emotional distress, embarrassment, loss of self-esteem, disgrace, humiliation, and loss of enjoyment of life.’" And she further noted that if she were required to disclose her name, that “would cause further ‘emotional stress, embarrassment, and loss of self-esteem’ and the plaintiff may not pursue the action.”

In the absence of any prejudice, and because the defendants couldn't identify any reason why Jane's true identity needed to be publicly disclosed, the underlying determination was left undisturbed.

In other words, there will be no name-dropping here ….

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