Acevedo v. Capra

Background

Nineteen individuals detained in New York State prisons filed a petition under 28 U.S.C. § 2254. Two petitioners, identified as A.A. and B.B., moved to proceed under pseudonyms. They sought temporary release from state prison because of the risk of severe illness or death if they contracted COVID-19. The opinion states that both petitioners are HIV positive and wanted to remain anonymous because of that medical information.

Legal standard

Federal Rule of Civil Procedure 10(a) generally requires a complaint’s title to name all parties. Courts presume that parties should be identified because the public has a right to scrutinize judicial proceedings. A court may nevertheless permit anonymous litigation when the party’s interest in anonymity outweighs the public interest in disclosure and any prejudice to the opposing party. Relevant considerations include the sensitivity of the information, the risk and severity of harm from disclosure, the party’s vulnerability, whether the case challenges government action, possible prejudice to the opposing party, whether the identity has previously been kept confidential, and whether other confidentiality protections are available.

Court’s analysis

Judge Netburn found that the factors strongly favored anonymity. The petitioners’ HIV status was personal and highly sensitive, and identifying them in connection with that status created a risk of harm. The court also noted that they had proceeded under pseudonyms in prior state-court proceedings, although the state court had not ruled on their requests to remain anonymous. The respondent was not prejudiced by being unaware of A.A.’s and B.B.’s identities.

Disposition

The court granted the motion to proceed under pseudonym. A.A. and B.B. may proceed anonymously, and the clerk was directed to grant the motion at ECF No. 3. This order addressed anonymity and did not decide the respondent’s pending motion to dismiss the habeas petition.