Posted inCampus / National / News / Wyoming

Plaintiffs appeal judge decision in KKG case

UPDATED APRIL 17, 2023

On Friday, April 14, U.S. District Court Judge Alan B. Johnson denied the renewed motion for anonymity for the seven current and former KKG members involved in a lawsuit filed against the sorority in March. 

Johnson reaffirmed his original beliefs on the matter and stated that the reasons for anonymity brought forward did not warrant anonymity.  

“For the foregoing reasons, Plaintiffs, once again, have not shown that they face ‘real, imminent personal danger’ sufficient to overcome the ‘public’s interest in open court proceedings.’ If Plaintiffs wish to proceed, they must do so in their true names,” wrote Johnson. 

The plaintiffs have until April 20 to file their identities in the case if they wish to proceed.

After a judge denied a request for anonymity of the seven current and former Kappa Kappa Gamma members involved in a lawsuit filed against the sorority, the plaintiffs have filed an appeal to the decision. 

The suit was assigned to U.S. District Court Judge Alan B. Johnson who denied the request on April 6, 2023. 

“In short, I conclude that Plaintiffs do not meet the high pseudonymity bar reserved for exceptional cases,” Johnson wrote in the order. 

Johnson wrote that anonymity is not granted lightly and is reserved for circumstances where revealing a party’s identity may cause significant harm or undue distress. 

“Therefore, this is not a matter of a highly sensitive or personal nature, or at least not to the extent that Plaintiffs may receive judicial harbor,” Johnson wrote. 

While the judge has denied the request, there has been a renewed motion filed by the plaintiffs once again requesting to be considered for anonymity.

The renewed motion includes 13 reasons that reaffirm why the plaintiffs should remain anonymous, citing individuals who faced scrutiny and violence after openly opposing the transition of a person from one gender to another. 

The motion references death threats against the Church Elder who protested in the University of Wyoming breezeway in December, as well as Representative Karlee Provenza’s (D-Laramie) ANTIFA referenced social media post.

The motion also addresses that the defendant, referred to as “Terry Smith”, has interacted with the press willingly under Smith’s real name.

The decision is a development of the lawsuit involving seven members suing the Kappa Kappa Gamma sorority for inducting the defendant in the fall of 2022. 

In the days immediately following the suit, the defendant’s name became highly publicized while the plaintiffs have yet to be identified. 

The official ruling to determine the anonymity of the plaintiffs will be held April 20, 2023.

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