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Judge denies anonymity argument

Thomas Doerr
Woman suing Doerr must identify herself by Wednesday

A county probation officer has until Wednesday to identify herself in court documents, after a federal judge denied her request to continue under a pseudonym in a lawsuit against Butler County's president judge and probation office officials.

The lawsuit, claiming sexual misconduct and workplace discrimination by Judge Thomas Doerr, was filed pseudonymously by “Jane Doe” on Oct. 10.

U.S. District Judge Cathy Bissoon's order, which follows an Oct. 26 order directing Doe to explain why she should remain unidentified in court documents, states that “Plaintiff has not overcome the strong presumption against allowing parties to use a pseudonym.”

The woman, in response to Bissoon's order, filed a motion arguing that revealing her identity “could lead to devastating consequences for (her) and her family.” But Bissoon, in her ruling Friday, disagreed.

“ ... the Court disagrees with Plaintiff that there are no countervailing public interests favoring transparency. Quite the contrary, the Court finds that Plaintiff's claims present issues of paramount public interest relating to the conduct of judicial officers. These important public interests mitigate in favor of full disclosure and transparency,” Bissoon's ruling states.

In her ruling, Bissoon says Doe must file an amended complaint on or before Wednesday, that includes her real name.

Doe's lawyer, Edward Olds, said in a phone interview Friday that he and his client have yet to decide how to respond. Olds said they are still reviewing the order and assessing their options.

Bissoon's order noted that Doe is not a minor, and that the woman's argument that revealing her identity could open her up to public ridicule is not a valid case for anonymity.

“The Court is sympathetic to Plaintiff's concerns, and understands that, unfortunately, victims of sexual harassment and assault often face ridicule and further harassment when they file lawsuits or otherwise publicly disclose their allegations, especially in the internet age. However, these concerns, while certainly reasonable, are not sufficient to outweigh the public's right to access court proceedings,” the order states.

Bissoon also goes on to point out that Doe is not the only party exposed to public humiliation with the filing on the lawsuit.

“If Plaintiff were permitted to proceed anonymously, defendants 'would be placed at a serious disadvantage, for (they) would be required to defend (themselves) publicly while plaintiff could make her accusations from behind 'a cloak of anonymity,'' based on 1996 federal lawsuit, the order states.

Doe also argued that revealing her identity would open her up to danger on-the-job or at home from inmates she supervises. But Bissoon found fault with that argument as well.

“Plaintiff argues that her employment as a probation officer places her at a heightened risk of violence, since she 'interact(s) with and supervise(s) individuals who have a history of violence, including domestic violation, or who have either pleaded or been found guilty of violence offenses and sex offenses,'” the order reads. “However, the Court finds no basis to conclude that the parolees whom Plaintiff supervises would be more likely to assault — or, in fact, to be any more hostile to — Plaintiff upon learning the allegations in the Complaint.

“In other words, Plaintiff has already assumed the risk that she will interact with individuals with a history of violence by choosing to work as a probation officer, and the Court does not see why that risk would rise if her allegations become public.'”

Named as defendants in the lawsuit are President Judge Thomas Doerr; Thomas Holman, county court administrator; Douglas Ritson, the county's chief probation officer; as well as Butler County Court and the 50th Judicial District.

The woman claims that Doe and Doerr were involved in a sexual relationship for several years, upon which Doe was hired as a probation officer with the county. Following her ending the arrangement, the lawsuit claims that she was subjected to workplace discrimination from Doerr, as well as Holman and Ritson.

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