United States Second Circuit

In an action alleging physical and sexual assault in violation of plaintiff's civil and constitutional rights, decision dismissing sua sponte plaintiff's pro se complaint for failure to file an amended complaint in her actual name rather than a pseudonym is vacated and remanded where the district court erred when it: 1) denied plaintiff's request to litigate this action under a pseudonym without first balancing plaintiff's interest in anonymity against the public interest in disclosure and prejudice to defendants; and 2) subjected plaintiff's pleadings to a standard far stricter than that applicable to pro se litigants.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  MINER, McLAUGHLIN, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sealed Plaintiff, pro se.


• For Appellees:
  
• Law Office of Sealed Defendant # 1, for defendants-appellees.