Doe v. The City of New York

Background

Tequan Doe filed this action without a lawyer by emailing his complaint to the court’s temporary electronic-filing mailbox. The complaint did not include his postal address, email address, or telephone number, and Doe had not submitted consent to electronic service. He later paid the filing fees, and the Clerk issued summonses.

The complaint used the name “Tequan Doe,” but Doe alleged that police had referred to him as “James.” The court therefore treated the complaint as including a request to proceed under a pseudonym. Doe alleged that Island Rehabilitation Services, Inc., Lenox Hill Hospital, and Joshua Schwimmer, a physician, provided health care to him and that at least one of them was responsible for requesting a New York City Police Department wellness check. He also alleged that two unidentified police officers visited his apartment, knocked on his door, called out his name, and spoke about him to the superintendent and neighbors. He alleged that he fled the apartment to avoid the police.

Pseudonym request

Federal Rule of Civil Procedure 10(a) generally requires a complaint’s title to name all parties. The court explained that the United States Court of Appeals for the Second Circuit permits pseudonyms only in limited circumstances and requires courts to balance factors including the sensitivity of the subject matter, possible harm from disclosure, the parties’ interests, and the public interest in knowing the litigants’ identities.

The court concluded that Doe’s allegations did not provide a reason to permit him to proceed under a pseudonym. It therefore denied the request and directed Doe to refer to himself by his legal name in an amended complaint.

Required contact information

Federal Rule of Civil Procedure 11(a) requires a self-represented party’s filing to state the signer’s address, email address, and telephone number. Because Doe’s complaint did not provide that information, the court directed him to include his postal address, email address, and telephone number in the amended complaint.

Disposition

The court denied Doe’s request to proceed under a pseudonym and directed him to file a compliant amended complaint within 30 days. The defendants do not need to respond until after he files that amended complaint. If Doe does not file it within the allowed time, the court will dismiss the action without prejudice. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk was directed to email Doe notice of the order and warned that this would be the last order sent to him that way.