San Bruno, CA asked in Civil Rights, Gov & Administrative Law and Immigration Law for California

Q: Is preserving some form of anonymity possible when filing a pro se civil case against government?

Assuming I am considering to file mandamus/APA case against government is there a way to keep my anonymity, so online searching does not bring up my name in the following two cases? (as far as I know a proper way of keeping my anonymity requires a specific application and I think they don't usually get approved for mandamus cases. I am asking for partial anonymity so my name does not show up by googling.)

1) Doing it pro se. (For example is it possible to put John Doe in the place where plaintiff name goes and later explain who this is by putting your real name.)

2) With a lawyer.

3 Lawyer Answers

A: It would be difficult to preserve the identity of a prospective plaintiff filing under John Doe unless permitted by the judge.

I have not seen a single mandamus with a caption of John Doe.

A: Since the government is the people for the people, anonymity seems unjust. Taxpayers have the right to know who is suing them.

James L. Arrasmith
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Answered

A: Preserving anonymity when filing a civil case against the government is challenging but possible in specific circumstances. Courts generally require plaintiffs to use their real names to ensure transparency and fairness in legal proceedings. However, you can file a motion to proceed under a pseudonym, such as "John Doe," if you can demonstrate that disclosing your identity would cause significant harm or infringe on privacy rights.

If you're proceeding pro se, you would need to file this motion alongside your initial complaint. It's important to provide compelling reasons for your request, as courts are typically hesitant to allow anonymity without substantial justification. Simply wanting to avoid online search results may not be sufficient, but concerns about personal safety or sensitive information might be considered.

With the assistance of a lawyer, you may have a better chance of successfully petitioning for anonymity. An attorney can help craft a strong argument and navigate the legal requirements more effectively. Ultimately, the decision rests with the court, which will weigh your privacy interests against the principle of open judicial proceedings.

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