John Doe v. Columbia University

Background

John Doe, who was proceeding without a lawyer, brought claims under 42 U.S.C. § 1981, Title VI, Title IX, and state law against Columbia University and the Trustees of Columbia University. He alleged discrimination based on his status as a “black gay male.” He stated that, while he was an undergraduate at Columbia University, two students accused him of sexual assaults, and he also alleged that he experienced a sexual assault and a physical assault.

John Doe asked to proceed under a pseudonym and asked the court to request a volunteer lawyer. The court had previously allowed him to proceed without prepaying filing fees.

Proceeding Under a Pseudonym

The court applied the Second Circuit’s multi-factor balancing test for anonymous litigation. It concluded that the sensitive and personal nature of the allegations gave John Doe a substantial privacy interest that outweighed the usual presumption that court proceedings should be open and identify the parties. The court therefore granted his request to proceed under the pseudonym “John Doe.”

Sealing

The court separately considered whether the filings should be sealed. It recognized a public right of access to judicial documents but found that the potential harm from public disclosure outweighed that presumption. The complaint identified multiple students by their full names in connection with allegations of personal and sensitive conduct. The court directed the Clerk of Court to seal the complaint and all other unredacted documents, including documents containing John Doe’s actual name.

Request for Pro Bono Counsel

The court considered the usual factors for requesting volunteer counsel for an indigent litigant, including the apparent merits of the case, efforts to find a lawyer, and the litigant’s ability to investigate and present the case without help. Because the case was at an early stage and the court could not yet assess its merits, it denied John Doe’s application for court-requested pro bono counsel without prejudice to filing another application later.

Service of Process

Because John Doe had been allowed to proceed without prepaying fees, the court directed the Clerk of Court and the U.S. Marshals Service to serve Columbia University and the Trustees of Columbia University. The court extended the service deadline to 90 days after the summonses were issued, rather than 90 days after the complaint was filed. It stated that John Doe should request an extension if service was not completed within that period and warned that he must notify the court if his address changes.

Disposition

The court granted the motion to proceed under the pseudonym “John Doe”; directed that the complaint and all unredacted documents containing his actual name be sealed; denied the application for court-requested pro bono counsel without prejudice to renewal; and directed issuance of summonses and service by the U.S. Marshals Service. The court also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order did not decide the merits of John Doe’s discrimination or other claims.