ILNews

Attorney again denied use of pseudonym in suit

Back to TopCommentsE-mailPrintBookmark and Share

A northern Indiana attorney who filed a lawsuit against Porter Memorial Hospital and its employees following her involuntary detention has once again lost her battle to proceed using a pseudonym instead of her real name.

This is the fourth time the federal court has denied the motion of "Jane Noe" seeking permission to use an alias in her litigation. The attorney was detained in January 2008 in a facility for people who may be mentally ill and dangerous or gravely disabled. She claimed she was held beyond the 72-hour limit, forced to undress for a physical examination, forced to teleconference with her parents, and denied an initial examination with the staff psychiatrist until after a day had passed.

Magistrate Judge Andrew P. Rodovich had previously denied Noe's motion three times and required her to proceed with the lawsuit using her real name; Judge James T. Moody issued the fourth order denying her motion earlier this week in Jane Noe v. Jennifer Carlos, et al., No. 2:08-cv-227.

Judge Moody ruled Noe's objections to the Nov. 26, 2008, order by the magistrate were untimely because she failed to get her filing in within 10 days of service. The judge still considered her objections for "plain" error because of the gravity of the ultimate issue, he wrote.

One of Noe's main arguments was Magistrate Rodovich's Nov. 26 ruling was contrary to law because it was issued before her reply in support of her motion was due, thereby depriving her of the opportunity to be fully heard in support of her motion. But again Noe miscalculated a deadline by excluding weekends. Noe believed she had until Dec. 1, 2008, based on Fed. R. Civ. P. 6, to file her reply to an Oct. 30 initial response by the defendants; it was actually due Nov. 10.

In response to the defendant's supplemental response filed Nov. 13, Noe should have been allowed seven days to file an additional reply, which would have fallen on Dec. 1 because of Thanksgiving Day, wrote the judge. Even though Magistrate Rodovich issued his order without giving Noe a full seven days to file a reply to the Nov. 13 supplement, it didn't prejudice Noe, wrote Judge Moody. It's clear the magistrate's ruling would have been the same even if he had not considered the supplemental response.

Noe believed she should be allowed to litigate anonymously because she says her future employment prospects will be severely impacted - especially in the legal community - because of the stigmatization of individuals with mental illness. She also argued there are many published cases allowing a person to proceed under a pseudonym; however, none of the cases she cited were in the 7th Circuit Court of Appeals.

But Noe's arguments fail because in the 7th Circuit, litigation under a pseudonym is strongly disfavored and must be conducted using the parties' real names unless exceptional circumstances are present, wrote Judge Moody.

"Although plaintiff believes that her profession makes this the exceptional case, that would mean that every attorney litigating a case involving alleged mental illness could do so anonymously, and that is certainly not the law, at least in this circuit," the judge wrote.

Noe has until May 1, 2009, to comply with Magistrate Rodovich's order by filing an amended complaint that doesn't use a pseudonym. Failure to do so will result in a dismissal of this action, beginning the time for Noe to take an appeal, should she so choose.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT