The anonymous “John Doe” who hired a private investigator to track Reno Mayor Hillary Schieve and former Washoe County Commissioner Vaughn Hartung with a GPS tracking device may have to reveal his identity by July 9, 2024. A special prosecutor appointed to make legal recommendations on the case concluded Tuesday that Doe has no right to anonymity.
“John Doe has not demonstrated that disclosing his identity would reveal highly personal and sensitive information about him or that disclosure would expose him to a substantial risk of physical or emotional retaliation,” Discovery Commissioner Wesley Ayres wrote in a court document.
“His claims of harassment are unconvincing, nor are his arguments that revealing his identity would violate his First Amendment rights. John Doe has not shown that his right to engage in anonymous political activity protects him from liability for alleged tortious conduct in this case.”
Ayres asked private investigator David McNeely to produce the documents Schieve and Hartung had subpoenaed at the start of the lawsuit filed in early 2023. One of the goals of the litigation was to identify private investigator David McNeely's client.
The Discovery Commissioner determined in March 2023 that the client's identity was discoverable. But McNeely has been fighting to prevent his client from being disclosed ever since. The Nevada Supreme Court ruled in April that McNeely's client “does not fall within the definition of a trade secret.”
Doe continued to fight against revealing his identity after the ruling, claiming he would face harassment and that revealing his identity would violate his First Amendment right to free speech. Following the Supreme Court ruling, John Doe filed new motions to keep his identity secret.
“John Doe's argument is unpersuasive,” Ayers wrote. “Without knowing John Doe's identity, plaintiffs' ability to obtain information on these affirmative defenses is significantly compromised. They cannot fully investigate the nature and extent of the relationship between John Doe and the named third parties, nor can they fully investigate the extent of his knowledge of the alleged unlawful acts.”
There is no law in Nevada that allows a party to remain anonymous in civil proceedings, he added.
Schieve told This Is Reno she was grateful for the commissioner's order.
“The only comment I have at this time is that I am grateful for the verdict as it has been a very long and emotional process,” she said.
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