Ct. of Appeals found that plaintiff could properly file under collateral order doctrine interlocutory appeal of Dist. Ct.’s order denying his motion for leave to appear anonymously, where: (1) denial of said motion was conclusive on said issue; (2) question of anonymity was separate from merits of instant section 1983 action; and (3) ruling on said motion would be unreviewable from final decision of case. However, Dist. Ct. did not abuse its discretion in denying plaintiff’s motion, since: (1) plaintiff was required to demonstrate exceptional circumstances that outweighed both public policy in favor of identified parties and prejudice to opposing party; and (2) plaintiff’s stated reason that having to proceed under his true name would defeat purpose of his underlying criminal expungement of his arrest at issue in instant section 1983 action and would result in his embarrassment was insufficient to support instant request.
Federal 7th Circuit Court
Civil Court
Procedure