Abby Davids, MD; K.P.; N.R.; F.F.; J.A.O.G.; and John Doe v. Alex Adams, in his official capacity as Director of the Idaho Department of Health and Welfare; Miren Unsworth, in her official capacity as the Deputy Director of IDHW in charge of Health & Human Services; Elke Shaw-Tulloch, in her official capacity as the administrator of IDHW’s Division of Public Health; Angie Bailey, as Director of the Idaho Bureau of Rural Health & Primary Care; and Raúl Labrador, in his official capacity as the Attorney General of Idaho

Summary

The United States District Court for the District of Idaho grants the patient plaintiffs’ motion to proceed under pseudonyms in a challenge to Idaho’s implementation of H.B. 135 as applied to Ryan White HIV/AIDS Program services. The court finds that public disclosure could expose the plaintiffs to criminal prosecution, immigration consequences, stigma, retaliation, and disclosure of sensitive medical information. The court allows pseudonymity on the public docket while leaving potential disclosure to defense counsel for discovery to be addressed through meet-and-confer and, if necessary, further court relief.

Holdings

1. The patient plaintiffs may proceed under pseudonyms for purposes of the public record because disclosure could expose them to criminal prosecution and immigration-related consequences and could create risks of stigma, retaliation, and disclosure of highly sensitive medical information.
2. The court did not grant an unconditional right to withhold the plaintiffs’ identities from defense counsel and the Court; instead, any later need for disclosure must be addressed in discovery through a meet-and-confer and, if necessary, appropriate relief from the Court.

Questions Presented

1. Whether the patient plaintiffs should be permitted to proceed under pseudonyms in the public record.
2. Whether the plaintiffs were entitled to withhold their identities from defense counsel and the Court throughout the litigation.

Disposition

other