Doe v. Volokh, No. 22-1525 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court denying intervenor Eugene Volokh's motion challenging the district court's decision allowing John Doe, a former New Hampshire police officer, to proceed pseudonymously in challenging the inclusion of his name on the State of New Hampshire's Exculpatory Evidence Schedule (EES), holding that the district court did not abuse its discretion.
New Hamsphire's Department of Justice maintained the EES, a list identifying law enforcement officers who had engaged in "misconduct reflecting negatively on their credibility or trustworthiness." Doe brought this action seeking damages and an injunction removing his name from the list. Doe sought to proceed as "John Doe," a pseudonym, but Volokh moved to intervene, challenging the decision to retain Doe's anonymity. The district court granted Volokh's motion to intervene but denied his motion to unseal and challenge pseudonymity. The First Circuit affirmed, holding that the district court correctly applied the presumptive right of the public to know Doe's name and did not abuse its discretion in concluding that Doe rebutted that presumption.
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