CLAUSO v. MARTINELLI

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

THOMAS JAMES CLAUSO, 1:18-cv-12217 (NLH) (LHG)

Plaintiff, MEMORANDUM OPINION & ORDER v.

WARDEN WILLIE BONDS, et al.,

Defendants.

APPEARANCES:

Gurbir S. Grewal, Attorney General of New Jersey Niccole L. Sandora, Deputy Attorney General Office of the New Jersey Attorney General R.J. Hughes Justice Complex PO Box 116 Trenton, NJ 08625

Counsel for Defendants Willie Bonds, Guard Martinelli, and Guard Hansen

Thomas James Clauso 59252 South Woods State Prison 215 South Burlington Road Bridgeton, NJ 08302

Plaintiff pro se

HILLMAN, District Judge WHEREAS, Defendants Willie Bonds, Guard Martinelli, and Guard Hansen have filed a motion for summary judgment asking the Court to dismiss Plaintiff Thomas Clauso’s complaint, see ECF No. 47; and WHEREAS, Defendants submitted portions of Plaintiff’s medical records as Exhibit F to their motion, ECF No. 48; and WHEREAS, Defendants move to seal Exhibit F, ECF No. 49; and

WHEREAS, “[i]t is well-settled that there exists, in both criminal and civil cases, a common law public right of access to judicial proceedings and records. The public's right of access extends beyond simply the ability to attend open court proceedings. Rather, it envisions a pervasive common law right to inspect and copy public records and documents, including judicial records and documents.” In re Cendant Corp., 260 F.3d 183, 192 (3d Cir. 2001) (internal citations and quotation marks omitted); and WHEREAS, a party seeking to seal portions of the judicial record from public view bears party “bears the heavy burden of showing that the material is the kind of information that courts

will protect and that disclosure will work a clearly defined and serious injury to the party seeking closure.” Millhouse v. Ebbert, 674 F. App’x 127, 128 (3d Cir. 2017) (per curiam) (internal quotation marks and citations omitted); and WHEREAS, Defendants argue that “[t]he Exhibit contains confidential information such as confidential medical and mental health information of Plaintiff Thomas James Clauso.” ECF No. 49-2 at 2; and WHEREAS, Defendants assert “Plaintiff’s medical records should be protected from public dissemination because of Plaintiff’s right to privacy in his medical information.” Id.; and

WHEREAS, Plaintiff has submitted copies of his medical records without asking them to be sealed. See, e.g., ECF Nos. 56, 59, and 58. Therefore, it does not appear Plaintiff is concerned about his medical information becoming public; and WHEREAS, portions of the exhibits would become public in the event of a trial given that Plaintiff raises Eighth Amendment denial of medical care claims, THEREFORE, IT IS on this 15th day of March, 2021 ORDERED that Defendants’ motion to seal Exhibit F, ECF No. 49, be, and same hereby is, denied; and it is further ORDERED that the Clerk shall unseal Docket Entry 48; and it is finally

ORDERED that the Clerk shall send a copy of this Order to Plaintiff by regular mail.

s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.