Daniel A. Horwitz

@danielahorwitz.bsky.social

Constitutional litigator. Tennessee public interest/First Amendment/civil rights/innocence/election/appellate litigation. Nashville politics. Anti-SLAPP evangelist. Email daniel at horwitz.law. My views are my employer’s.

Things got more insane just about as soon as I posted this last night. DHS is now arguing that we cannot even put the names of ICE officers in our lawsuit against those officers. Their position is that, if a defendant works for DHS, they cannot be named in a lawsuit. Never seen anything like it.

All this time, while Defendants have refused to identify Does 4 and 5 or respond to Leo’s discovery requests, the six-month statute of limitations on his FTCA claims has nearly expired. So, on October 6, Leo sought Defendants’ consent to file an amended complaint that (1) adds his FTCA claims against the United States and (2) adds the names of Does 1, 2, and 3. These minimal changes are shown in a redline attached to this filing.
Defendants, however, refused to consent to Leo’s amendments because there is not a protective order in place. One of Defendants’ positions with respect to the protective order is that the “full legal names” of all government employees “should be confidential.” (ECF 109, at 2). That position, apparently, means that Defendants even oppose Leo identifying specific officers in his lawsuit against those very officers based on their misconduct in carrying out their public duties. Because Defendants will not consent to Leo’s amendments, Leo has filed this motion for leave.Justice also requires granting Leo leave to name the Doe officers as defendants. Despite DHS’s remarkable position that all government employees’ names are confidential, parties routinely sue government employees by name. In fact, Rule 10(a) “requires a complaint to ‘include the names of all the parties.’” Doe v. Frank, 951 F.2d 320, 322 (11th Cir. 1992) (per curiam) (quoting Fed. R. Civ. P. 10(a)). “Lawsuits are public events.” Id. Rule 10(a) “protects the public’s legitimate interest in knowing all of the facts involved, including the identity of the parties.” Id. Only in an “exceptional case” can a party’s name be withheld from the public. Id. And that bar is even higher for public employees since their employment “diminishes their privacy interests” given “the corresponding public interest in knowing how public employees are performing their jobs.” Stern v. FBI, 737 F.2d 84, 92 (D.C. Cir. 1984);
Jared@jaredmcclain.bsky.social · 4d ago

It's been a struggle for reporters to get DHS to provide the names of officers who violate people's civil rights. Now, in our case against DHS's construction-site raids, the government is arguing in court that its employees names are "confidential" and should not be made public during litigation.

DHS's position on the protective order: "We cannot agree to the striking of this provisions. The phone numbers, physical addresses, full legal names, and email addresses of current and former employees in the federal government ... should be confidential."

A lawyer for Christa Pike confirmed to the Banner that she had been administered both doses of pentobarbital and was still alive. It appears the State of Tennessee has another botched lethal injection.

Once again I am begging whoever controls Democrats’ data to stop rewarding candidate contributions by selling data to every candidate across the country. People will stop donating if this doesn’t get fixed. The volume of fundraising texts that results from making a contribution is intolerable.

I recognize that how to regulate AI is a complex thing, but I would think that the absolute bare minimum thing we can do that should be done immediately is establish a strict liability regime for rogue AI behavior. “Oops, our model did something illegal” is intolerable. apnews.com/article/ai-o...

OpenAI pauses training of latest models after agents probed US government sites in unexpected ways

OpenAI announced it has halted development of its latest artificial intelligence models hours after it disclosed its agents scouring federal government website acted in unexpected ways that suggest a ...

apnews.com