Layne v. The State of New York Department of Correctional and Community Services

S.D. New York

Layne v. The State of New York Department of Correctional and Community Services

District Court, S.D. New York·Decided March 21, 2023·No. 7:19-cv-04531·Unknown

Opinion

DESMARAIS. www.desmaraisllp.com NEw YORK Lee J. Matalon SAN FRANCISCO Direct 212-808-2018 WASHINGTON, DC LMatalon@desmaraisllp.com March 20, 2023 Honorable Philip M. Halpern United States District Court Southern District of New York 300 Quarropas Street White Plains, New York 10601 Re: Layne v. NYDOCCS et al., 19-cv-4531-PMH (S.D.N.Y.) Plaintiff's Letter Motion Seeking Leave to Redact and File Under Seal Dear Honorable Judge Halpern: Plaintiff respectfully requests permission to seal certain exhibits to his Opposition to Defendants’ Motions in Limine, filed concurrently. Plaintiff makes this request pursuant to the Local Rules of the Southern District of New York, The Notice Regarding Privacy and Public Access to Electronic Civil and Criminal Case Files of the Southern District of New York, and Your Honor’s Individual Rule 5(A). The exhibits in question are Plaintiffs confidential, highly private medical records. Although “[t]he common law right of public access to judicial documents is firmly rooted in our nation’s history,” this right is not absolute, and courts “must balance competing considerations against” the presumption of access. Lugosch yv. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commce’ns., Inc., 435 U.S. 589, 599 (1978) (“[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.”). Indeed, this Court has described “medical records, treatment and diagnosis” as information “that should be treated with caution and may warrant a motion for approval of sealed or redacted filing.” See Individual Rule 5(A). The Court Should Permit Plaintiff's Narrowly Tailored Redaction Requests Plaintiff moves to seal his medical records, which contain highly private and personal medical and psychological details. These include Exhibits 8 and 9 to the Declaration of Eli Balsam, filed concurrently. The Second Circuit applies a three-step analysis to determine whether to place a document under seal. Lugosch, 435 F.3d at 114. Although motion exhibits are judicial documents presumptively entitled to a right of access (step 1), Plaintiff has strong countervailing privacy interests in preventing public disclosure of his highly personal, private medical and psychological records (steps 2 and 3). See, e.g., Roberts v. Lederman, No. 04-CV-00033 (NGG) 2004 WL 2238564, at *7 (E.D.N.Y. Oct. 4, 2004) (“[T]he nature of much of the information in question is traditionally private as it involves illness and private conduct between” dying Beatle George Harrison and his physician); Doe v. Apfel, No. 98-CV-182 (JG), 1999 WL 182669, at *3 (E.D.N.Y.

DESMARAIS .- Honorable Judge Halpern March 20, 2023 Page 2

March 22, 1999) (“Almost every document in the record contains a lengthy, detailed and potentially embarrassing description of the illnesses from which Doe suffers. These illnesses do not have any significant public ramifications.”). The privacy interests are even more compelling where, as here, the case involves allegations of sexual assault. Conclusion Plaintiff respectfully requests that the Court permit Plaintiff to file his medical records under seal. Dated: March 20, 2023 Respectfully submitted,

granted. The Court approves Plaintiff's is/ Lee J. Matalon actions to Exhibits 8 and 9 of the Balsam Declaration Tamir Packin 164-2 and 164-3). The unredacted versions shall tpackin@desmaraisllp.com under seal. Ryan Dowell rdowell@desmaraisllp.com Clerk of Court is respectfully directed to terminate the Ryan Thorne sequence pending at Doc. 162. rthorne@desmaraisllp.com Lee J. Matalon ORDERED. Imatalon@desmaraisllp.com William A. Vieth wvieth@desmaraisllp.com lip M. Halpern — Eliyahu Balsam (pro hac vice) ted States District Judge ebalsam@desmaraisllp.com White Plains, New York Raymond Habbaz . March 21, 2023 rhabbaz@desmaraisllp.com DESMARAIS LLP 230 Park Avenue New York, New York 10169 Tel: (212) 351-3400 Fax: (212) 351-3401

Attorneys for Plaintiff Jaquan Layne

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DESMARAIS. www.desmaraisllp.com NEw YORK Lee J. Matalon SAN FRANCISCO Direct 212-808-2018 WASHINGTON, DC LMatalon@desmaraisllp.com March 20, 2023 Honorable Philip M. Halpern United States District Court Southern District of New York 300 Quarropas Street White Plains, New York 10601 Re: Layne v. NYDOCCS et al., 19-cv-4531-PMH (S.D.N.Y.) Plaintiff's Letter Motion Seeking Leave to Redact and File Under Seal Dear Honorable Judge Halpern: Plaintiff respectfully requests permission to seal certain exhibits to his Opposition to Defendants’ Motions in Limine, filed concurrently. Plaintiff makes this request pursuant to the Local Rules of the Southern District of New York, The Notice Regarding Privacy and Public Access to Electronic Civil and Criminal Case Files of the Southern District of New York, and Your Honor’s Individual Rule 5(A). The exhibits in question are Plaintiffs confidential, highly private medical records. Although “[t]he common law right of public access to judicial documents is firmly rooted in our nation’s history,” this right is not absolute, and courts “must balance competing considerations against” the presumption of access. Lugosch yv. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner Commce’ns., Inc., 435 U.S. 589, 599 (1978) (“[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.”). Indeed, this Court has described “medical records, treatment and diagnosis” as information “that should be treated with caution and may warrant a motion for approval of sealed or redacted filing.” See Individual Rule 5(A). The Court Should Permit Plaintiff's Narrowly Tailored Redaction Requests Plaintiff moves to seal his medical records, which contain highly private and personal medical and psychological details. These include Exhibits 8 and 9 to the Declaration of Eli Balsam, filed concurrently. The Second Circuit applies a three-step analysis to determine whether to place a document under seal. Lugosch, 435 F.3d at 114. Although motion exhibits are judicial documents presumptively entitled to a right of access (step 1), Plaintiff has strong countervailing privacy interests in preventing public disclosure of his highly personal, private medical and psychological records (steps 2 and 3). See, e.g., Roberts v. Lederman, No. 04-CV-00033 (NGG) 2004 WL 2238564, at *7 (E.D.N.Y. Oct. 4, 2004) (“[T]he nature of much of the information in question is traditionally private as it involves illness and private conduct between” dying Beatle George Harrison and his physician); Doe v. Apfel, No. 98-CV-182 (JG), 1999 WL 182669, at *3 (E.D.N.Y.

DESMARAIS .- Honorable Judge Halpern March 20, 2023 Page 2

March 22, 1999) (“Almost every document in the record contains a lengthy, detailed and potentially embarrassing description of the illnesses from which Doe suffers. These illnesses do not have any significant public ramifications.”). The privacy interests are even more compelling where, as here, the case involves allegations of sexual assault. Conclusion Plaintiff respectfully requests that the Court permit Plaintiff to file his medical records under seal. Dated: March 20, 2023 Respectfully submitted,

granted. The Court approves Plaintiff's is/ Lee J. Matalon actions to Exhibits 8 and 9 of the Balsam Declaration Tamir Packin 164-2 and 164-3). The unredacted versions shall tpackin@desmaraisllp.com under seal. Ryan Dowell rdowell@desmaraisllp.com Clerk of Court is respectfully directed to terminate the Ryan Thorne sequence pending at Doc. 162. rthorne@desmaraisllp.com Lee J. Matalon ORDERED. Imatalon@desmaraisllp.com William A. Vieth wvieth@desmaraisllp.com lip M. Halpern — Eliyahu Balsam (pro hac vice) ted States District Judge ebalsam@desmaraisllp.com White Plains, New York Raymond Habbaz . March 21, 2023 rhabbaz@desmaraisllp.com DESMARAIS LLP 230 Park Avenue New York, New York 10169 Tel: (212) 351-3400 Fax: (212) 351-3401

Attorneys for Plaintiff Jaquan Layne

Layne v. The State of New York Department of Correctional and Community Services, (S.D.N.Y. 2023).

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