Note:
William S. Kleinman, Who is Suing You?: John Doe Plaintiffs
in Federal Courts, 61 TEXAS L. REV. 547 (1982).
Abstract:
At common law, a defendant had the right to know the name of his
accuser, a practice which prevented anonymous plaintiffs from
bringing suit. Recently, plaintiffs have begun requesting that
their identities be kept secret, and courts have occasionally
allowed this practice by making exceptions to the general rule.
As these exceptions have become more and more numerous, courts
have attempted to categorize them, but with little success, as
there is no fundamental policy behind the shift in the law. The
author articulates a comprehensive rationale for considering
whether a specific plaintiff should be allowed to proceed
anonymously and suggests how it may be implemented so as to
maximize the use of anonymity where it is needed most.