From Chief Judge Mark Walker's opinion yesterday in Hispanic Federation v. Byrd (N.D. Fla.); the pseudonymous plaintiff is apparently a lawful permanent resident:
{This case involves a constitutional challenge to a newly-enacted law regulating third-party voter registration organizations. Plaintiff Doe seeks to proceed anonymously to avoid retaliation or harassment considering their immigration status and due to the "elevated political climate" concerning immigration more broadly.}
Ordinarily, parties referred to in a complaint must be identified by their real names. The Federal Rules of Civil Procedure specifically provide that "[t]he title of the complaint must name all the parties." Similarly, courts have long recognized that "[l]awsuits are public events" and that the public has a "legitimate interest in knowing all of the facts involved [in a case], including the identities of the parties." …
The Eleventh Circuit has made clear that pseudonyms may only be used in "exceptional" cases, and that there is "a strong presumption in favor of parties' proceeding in their own names." That presumption can only be overcome where the party seeking to proceed pseudonymously shows that they have "a substantial privacy right which outweighs the 'customary and constitutionally-embedded presumption of openness in judicial proceedings.'" In determining whether Plaintiff Doe has such a right, this Court considers the following three factors: (1) whether they are "seeking anonymity challenging government activity," (2) whether they will be "required to disclose information of the utmost intimacy", and (3) whether they will be "compelled to admit their intention to engage in illegal conduct and thus risk criminal prosecution."
As to the first factor, [that] Plaintiff Doe is challenging government activity … only has a neutral effect. Cf. Frank , 951 F.2d at 324 ("[T]he fact that Doe is suing the Postal Service does not weigh in favor of granting Doe's request for anonymity."); cf. also Roe v. Aware Women Ctr. for Choice, Inc., 253 F.3d 678, at 686 (11th Cir. 2001) ("[N]o published opinion that we are aware of has ever permitted a plaintiff to proceed anonymously merely because the complaint challenged government activity.").
