Victim 1 v. Office of Federal Contract Compliance Programs

Background

Plaintiff filed this action under the pseudonym “Victim 1” and identified herself as an attorney representing herself. The court had previously directed her either to file an amended complaint using her real name or to request permission to proceed anonymously. Plaintiff then filed a motion to proceed anonymously, a third amended complaint bearing her real name and signature, and a fourth amended complaint before receiving permission to file it.

Plaintiff later asked for permission to file the fourth amended complaint. She also argued that she should be allowed to use “Victim 1” because, according to her motion, sexual-assault victims may proceed anonymously.

Fourth Amended Complaint

The court granted Plaintiff’s request to file the fourth amended complaint. It ruled that the fourth amended complaint was the operative pleading in the case and stated that it would not entertain any further amended complaints from Plaintiff at that point.

Request to Proceed Anonymously

The court denied Plaintiff’s motion to proceed under a pseudonym without prejudice. It considered the factors used by courts in deciding whether a party may litigate anonymously, including the sensitivity of the allegations, potential harm from disclosure, prejudice to the defendants, the public interest, and possible alternatives for protecting confidentiality.

The court acknowledged that Plaintiff’s allegations included highly sensitive and personal matters, including an alleged sexual assault. But it found that Plaintiff had not explained how those past events related to her claims against the government entities and officials or to her stated request to restore her New York State civil-service salary. The court also concluded that allegations that government entities or officials violated a person’s rights involve matters of public concern. It therefore found that the circumstances were not sufficiently extraordinary to overcome the presumption of public access.

Because the pleading contained sensitive allegations, the court granted Plaintiff 30 days’ leave to withdraw the action if she did not want to proceed under her real name. If she did not withdraw, the case would proceed under her true name and restrictions on access to her filings would be lifted.

Appeal Status and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free appeal status. The order therefore granted permission to file the fourth amended complaint, denied the motion to proceed anonymously without prejudice, and granted 30 days’ leave to withdraw the action.

Classification

This is a procedural order. It addressed amendment of the pleadings, anonymity, docket access, withdrawal, and appeal-related filing status; it did not decide the underlying claims.