Handler v. Mayhew

841 F. Supp. 2d 443, 2012 WL 204540, 2012 U.S. Dist. LEXIS 7222
CourtDistrict Court, D. Maine
DecidedJanuary 23, 2012
DocketNo. 1:11-cv-308-NT
StatusPublished

This text of 841 F. Supp. 2d 443 (Handler v. Mayhew) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Handler v. Mayhew, 841 F. Supp. 2d 443, 2012 WL 204540, 2012 U.S. Dist. LEXIS 7222 (D. Me. 2012).

Opinion

ORDER ON MOTIONS TO SEAL, UNSEAL

JOHN H. RICH III, United States Magistrate Judge.

In this case arising from child protective proceedings initiated by the Maine Department of Health and Human Services (“DHHS”), five motions seeking the continued sealing, or the unsealing, of various filings are before the court. See Docket [444]*444Nos. 1, 33, 34, 39, 45. The plaintiffs generally advocate the unsealing of the filings at issue, see, e.g., Docket Nos. 24, 34, 46, while the State defendants (Mary Mayhew, Debra Potter, Claudia Kjer, Martin Smith, and Christine Theriault) press for the sealing or significant redaction of those filings, see, e.g., Docket Nos. 22, 33, 39. The remaining defendants, Bryant White and Bob Tiner, take no position on the matter. See, e.g., Docket No. 23.

For the reasons that follow, I deem moot the plaintiffs’ original motion to seal the complaint, see Docket No. 1, which is superseded by their later position that the complaint should be unsealed in its entirety, see Docket Nos. 24, 34, grant the State defendants’ motion to redact portions of the second amended complaint, see Docket No. 33, deny the plaintiffs’ motion to unseal the second amended complaint in its entirety or, in the alternative, to redact only 12 paragraphs of that complaint, see Docket No. 34, grant in part and deny in part the State defendants’ motion to seal their motion to dismiss, see Docket No. 39, and deny the plaintiffs’ motion to seal their response to the State defendants’ motion to seal the motion to dismiss, see Docket No. 45. I also sua sponte order the unsealing of (i) Docket No. 39 and (ii) Docket Nos. 45 and 45-1.

I. Second Amended Complaint

After a careful comparison of the allegations of the second amended complaint against the underlying DHHS narrative logs provided to the court in camera by the State defendants, I conclude that the material that the State defendants seek to redact is either (i) derived from the underlying DHHS narrative logs, in some cases by way of exact quotes from those logs, or (ii) describes child protective proceedings initiated by DHHS in state court. That information is confidential pursuant to Maine law. See 22 M.R.S.A. § 4008(1) (describing as confidential not only all DHHS child protective records containing personally identifying information but also “all information contained in those records”); id. § 4007(1) (directing that “[a]ll [child protective] proceedings and records shall be closed to the public, unless the court orders otherwise”); In re Bailey M., 2002 ME 12, ¶ 16, 788 A.2d 590, 596 (describing language of section 4007(1) as “consistent with other provisions in the statute providing for disclosure of confidential materials in child protection proceedings^]” for example, section 4008(3), which “authorizes a court to disclose confidential information contained in [child protective] records or reports if the court determines that public disclosure of the information is necessary for the resolution of an issue pending before the court.’ ”) (quoting 22 M.R.S.A. § 4008(3)).

This court has previously respected the confidentiality of such information. See, e.g., Tower v. Leslie-Brown, 167 F.Supp.2d 399, 405 (D.Me.2001) (“If the Court were to allow the parties to import confidential documents into federal court and thereby make them public, it would seriously undermine the state’s policy.”).

The plaintiffs offer no persuasive reason to handle the complaint in this matter, or this case, any differently. They seek to unseal the entire complaint on the bases that (i) the State defendants demonstrate no interest justifying the sealing of the complaint on the facts of this case, (ii) there is a strong presumption for openness, transparency, and accountability, (iii) the State defendants made no effort to have a reasonable discussion in this matter, (iv) section 4008(1) pertains only to “department records” and only those containing “personally identifying information[,]” (v) to the extent that the complaint discusses department records bearing on interviews with either plaintiff, disclosure [445]*445is mandatory pursuant to 22 M.R.S.A. § 4008(3)(D), because records must be disclosed, inter alia, to a child’s parent who is the subject of the report, and (vi) the Office of the Attorney General has “unclean hands” due to its faxing of a 2008 Law Court decision pertaining to child protective proceedings in this matter to a television news station, undermining its professed concerns about confidentiality or the child’s safety. See Docket No. 34 at 1-2; see also generally Docket No. 24.

With respect to the first two points, the state has a recognized interest in “protecting child victims from undue trauma and humiliation, facilitating the rehabilitation of families, and encouraging people to report child abuse and neglect by keeping their identities confidential.” Leslie-Brown, 167 F.Supp.2d at 405 (citations omitted). The plaintiffs argue that (i) there will be little consequence to the child of publicity because the child no longer resides in this state, (ii) there is no possible rehabilitation of the family, and (iii) the state’s interest in protecting unnamed informants is not implicated because nothing in the complaint reveals any such person’s identity. See Docket No. 24 at 3. I am unpersuaded that, simply because the child now lives out of state, the child’s interests will be unharmed by the revelation of the confidential information at issue. In any event, apart from the public policies motivating the adoption of the confidentiality statutes, the statutes direct that the information at issue be treated as confidential.

With respect to the third point, the State defendants have indeed modified their position following my directive to counsel, during a teleconference held on December 15, 2011, to meet and confer in good faith with respect to redaction of the complaint and submit a joint motion, or separate competing motions, regarding potential redactions. See Docket No. 30. The State defendants no longer press for the redaction of nearly all of the paragraphs of the complaint whose redaction I questioned during that teleconference. See id. at 4. Ironically, it is the plaintiffs who have not modified their position at all, continuing to press for the unsealing of the entire complaint or, in the alternative, the redaction of only 12 paragraphs thereof. See id. at 2.

With respect to the plaintiffs’ fourth point, section 4008(1) protects not only underlying records but also the information contained therein. See 22 M.R.S.A. § 4008(1). Because, in all versions of the complaint, the plaintiff-parents have disclosed their full names, any information disclosed would be personally identifying not only with respect to them but also with respect to the child.

With respect to the fifth point, the disclosure of confidential child protective information to the child’s parent is optional, not mandatory. See id. § 4008(2)(D). In any event, even if disclosure to a parent were mandatory, that would hardly mandate public redisclosure of such information. To the contrary, such redisclosure is forbidden. See id. § 4008(1) (“Any person who receives department records or information from the department may use the records or information only for the purposes for which that release was intended.”).

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Cite This Page — Counsel Stack

Bluebook (online)
841 F. Supp. 2d 443, 2012 WL 204540, 2012 U.S. Dist. LEXIS 7222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handler-v-mayhew-med-2012.