John Roe v. City of New York

Background

Plaintiffs filed a 115-page complaint against the City of New York and multiple officials and employees of the New York County District Attorney’s Office, the New York City Police Department, and several courts located in Manhattan. They proceeded without lawyers and used the names John Roe, Jane Doe 1, and Jane Doe 2. The opinion does not describe the substance of their alleged rights violations.

Anonymity

Federal Rule of Civil Procedure 10(a) generally requires a complaint’s title to name all parties. Courts may allow a party to use a pseudonym in limited circumstances, applying factors that include the sensitivity of the issues, potential harm from disclosure, vulnerability, prejudice to defendants, confidentiality to date, the public interest, and alternative ways to protect identity.

The plaintiffs did not ask for permission to proceed anonymously and did not explain why anonymity was warranted. The court therefore directed them to file an amended complaint using their real names, addresses, and signatures. If they wanted to remain anonymous, the court required them to file a separate motion titled “Motion to Proceed Anonymously,” together with their real names, correct addresses, and signatures. If that motion were granted, they could continue using pseudonyms and access to identifying documents could be limited.

Fees or application to proceed without prepaying fees

A civil case in this court requires either payment of $400—the $350 filing fee and $50 administrative fee—or a signed application to proceed without prepaying fees. The plaintiffs had submitted no fees and had submitted an application only for John Roe, without his real name or signature.

Within 30 days, the plaintiffs were required either to pay the $400 fee or each submit the court’s application with real names, addresses, and signatures. The court explained that approval of those applications would allow the plaintiffs to proceed without prepaying the fees.

Disposition

The court granted the plaintiffs leave to file an amended complaint with their real names, signatures, and addresses and directed them to pay the fees or submit the required applications. The Clerk was directed to mail the order and note service on the docket, although the court noted that mailing might not be possible because the plaintiffs had not provided a physical or email address. No summons would issue at that time. The court stated that the action would be dismissed if the plaintiffs failed to comply within 30 days. The order addressed filing requirements and anonymity; it did not decide whether the plaintiffs’ underlying allegations were legally valid.