Crockford v. Clark County Department of Family Services

District Court, D. Nevada·Decided August 8, 2025·No. 2:25-cv-00917·Unknown

Opinion

3 Case No.: 2:25-cv-00917-JAD-MDC Angel Michael Crockford, 4 Plaintiff Order Resolving Motions, Directing 5 v. Renewed Briefing on the County’s Motion to Dismiss, and Striking Rogue Filings 6 Clark County Department of Family Services, et al., [ECF Nos. 32, 36, 39, 42, 58, 55, 62, 72, 75, 7 85, 92] Defendants 8

9 Pro se plaintiff Angel Michael Crockford sues the Clark County Department of Family 10 Services, several County employees,1 and his ex-wife Alicia Renee Cuscianna2 for the wrongs he 11 believes he’s endured over the course of a contentious child-custody dispute. The docket in this 12 case has exploded with filings since it was initiated just three months ago. I issue this order to 13 clean up the docket, advise the pro se parties of some rules they must follow, and resolve 14 ancillary motions to the pending motion to dismiss and motion for a temporary-restraining order 15 and preliminary injunction, which will be resolved in due course. 16 17 18 19 20 21 1 I refer collectively to the County defendants as “the County” for clarity’s sake only. In doing 22 so I express no opinion about the validity of the County defendants’ argument in their motion to dismiss that Clark County must be named as a defendant in this case. 23 2 Alicia is identified in the complaint as Alicia Crockford. Because it appears that she has changed her name, I refer to her as Cuscianna throughout this order. 1 Discussion 2 A. ECF Nos. 38 and 39 are struck, and ECF No. 49 is Crockford’s operative response 3 to the County’s motion to seal.

4 In early July, the County filed a motion to seal its response to Crockford’s still-pending 5 motions for a temporary-restraining order and preliminary injunction.3 Crockford opposed that 6 motion because he believed that the County was attempting to withhold the documents from 7 him.4 He also moved to compel the County to provide those documents to him.5 And he filed a 8 separate response to the merits of the County’s motion, arguing that it seeks to seal more than 9 required.6 The County moved to strike that motion because Crockford had already filed a 10 response.7 11 This flurry of motions stems from Crockford’s misunderstanding of what the County 12 sought to do with its motion to seal. He believed that the County was attempting to seal the 13 documents from his view.8 After the County clarified that was not its intent and confirmed that it 14 gave Crockford all of the sealed documents,9 Crockford moved to strike his initial response and 15 his motion to compel and to clarify that his merits response should be considered as the only 16 response to the motion to seal.10 17 18

3 ECF No. 32. 19 4 ECF No. 38. 20 5 ECF No. 39. 21 6 ECF No. 49. 7 ECF No. 55. 22 8 See ECF Nos. 38, 39. 23 9 ECF No. 46. 10 ECF No. 62. 1 The County doesn’t oppose Crockford’s motion to strike and agrees that his merits 2 response should be considered his operative response to its sealing motion.11 So, because the 3 parties agree that Crockford’s earlier filings on this matter should be struck, I grant Crockford’s 4 motion and strike those filings. Crockford is advised that if this situation comes up in the future, 5 he may simply file a notice withdrawing his own filings—he need not move to strike them. And

6 because the County agrees that Crockford’s merits response should be considered as his only 7 response to its motion to seal, I deny as moot its motion to strike that document. The County is 8 advised that it could have also withdrawn its motion to strike once it determined that it was no 9 longer justified in seeking that relief. 10 B. The County’s motion to seal its response to Crockford’s injunction motions is 11 denied without prejudice to its ability to refile the motion and the documents that warrant sealing in accordance with Ninth Circuit standards and this court’s local 12 rules.

13 The County’s motion to seal seeks to seal the entirety of its response to Crockford’s 14 injunction motions and its attached Exhibit 1—which contains various documents from the 15 underlying state-court cases—based on its representations that the documents contain child- 16 welfare-service and medical records that should not be made public.12 Crockford opposes 17 because sealing the entire response is too broad and “the public has a compelling interest in 18 understanding how the child welfare system is used—at times allegedly abusively—under color 19 of law.”13 He asks that most of the documents be unsealed in a redacted form.14 20 21 11 ECF Nos. 81, 82. 22 12 ECF No. 32. 23 13 ECF No. 49 at 4. 14 Id. at 9. 1 “The public has a ‘general right to inspect and copy public records and documents 2 including judicial records and documents.’”15 “Although the common law right of access is not 3 absolute, ‘[courts] start with a strong presumption in favor of access to court records.’”16 A party 4 seeking to seal judicial records attached to dispositive motions like the injunction motions at 5 issue here17 can overcome the strong presumption of access by providing “sufficiently

6 compelling reasons” that override the public policies favoring disclosure.18 “When ruling on a 7 motion to seal court records, the district court must balance the competing interests of the public 8 and the party seeking to seal judicial records” and “articulate a factual basis for each compelling 9 reason to seal.”19 10 The County moves to seal the entirety of its response and 61-page exhibit because they 11 contain child-welfare-service records and medical information.20 It relies on Nevada Revised 12 Statute (NRS) 432B.280, which states that “information maintained by an agency [that] provides 13 child welfare services, including . . . reports and investigations . . . is confidential”21 and 14 NRS 432B.290(2)(e), which permits child-welfare agencies to provide that information to a

15 16 15 In re Midland Nat. Life Ins. Co. Annuity Sales Pracs. Litig., 686 F.3d 1115, 1119 (9th Cir. 17 2012) (quoting Nixon v. Warner Commc’ns., Inc., 435 U.S. 589, 597 (1978)). 16 Id. (quoting Foltz v. St. Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). 18 17 For sealing purposes, the Ninth Circuit considers dispositive any motion that “is more than 19 tangentially related to the underlying cause of action.” Ctr. for Auto Safety v. Chrysler Grp. LLC, 809 F.3d 1092, 1100 (9th Cir. 2016) (citations omitted). Crockford’s injunction motions 20 and the County’s response obviously meet that definition, and both parties agree. See ECF Nos. 32 and 49 (both analyzing the sealing issue under the compelling-reasons standard). 21 18 In re Midland, 686 F.3d at 1118; see also Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 22 19 In re Midland, 686 F.3d at 1119 (citations omitted). 23 20 ECF No. 32 at 3. 21 Nev. Rev. Stat. § 432B.280(1). 1 “court other than a juvenile court, for in camera inspection only, unless the court determines that 2 public disclosure of the information is necessary for the determination of an issue before it[.]”22 3 It also argues that some of the information in the exhibits contains private medical information.23 4 I have reviewed the sealed response and exhibits in camera, and I conclude that, though 5 there are compelling reasons to seal portions of the County’s exhibit that contain child-welfare

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Crockford v. Clark County Department of Family Services, (D. Nev. 2025).

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