Ballard v. Weston & Sampson Engineers, Inc.
2:24-cv-01682
D.S.C.Aug 5, 2024Background
- Plaintiff, a former employee of Weston & Sampson Engineers, Inc., sued her former employer and co-worker (Roberts), alleging claims including sexual assault, employment discrimination, and retaliation.
- Plaintiff filed suit using the pseudonym "Jane Doe" to protect her privacy due to the sensitive nature of the allegations.
- Roberts moved to require Plaintiff to proceed under her real name, arguing Plaintiff had not preserved her privacy.
- Plaintiff had posted allegations about Roberts, including claims of sexual assault, in large, private Facebook groups using her real name and profile picture.
- The court was asked to balance Plaintiff’s request for anonymity against the public interest in open judicial proceedings and any prejudice to the Defendants.
- The court conducted its analysis using the factors from James v. Jacobson, considering both parties' arguments and the specific facts of Plaintiff’s online disclosures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proceeding under pseudonym due to privacy | Plaintiff is a sexual assault victim entitled to protect privacy due to sensitive allegations | Plaintiff posted about the incident with her real name in large Facebook groups, undermining privacy | Denied Plaintiff’s request: Posting in large groups waives privacy |
| Risk of harm if identity disclosed | Identified risk of ongoing retaliation by Roberts and others | No additional risk, as those involved already know Plaintiff’s identity; retaliation already alleged | Plaintiff failed to show increased risk; public interest outweighs |
| Plaintiff’s age as factor for pseudonymity | N/A (acknowledged as adult) | Plaintiff is an adult | Plaintiff’s age weighs against anonymity |
| Nature of defendants (private or government) | N/A (acknowledged suit is against private parties) | Suits against private parties less likely to get anonymity | Suit against private parties weighs against anonymity |
Key Cases Cited
- James v. Jacobson, 6 F.3d 233 (4th Cir. 1993) (setting out factors to consider in pseudonymous litigation)
- B.R. v. F.C.S.B., 17 F.4th 485 (4th Cir. 2021) (public interest in openness of judicial proceedings)
- Doe v. Public Citizen, 749 F.3d 246 (4th Cir. 2014) (establishing balancing test for pseudonymity and public access)