Sparman v. Edwards

325 F. Supp. 3d 317
CourtDistrict Court, E.D. New York
DecidedSeptember 12, 2018
Docket1:95-cv-04689 (ENV)
StatusPublished
Cited by5 cases

This text of 325 F. Supp. 3d 317 (Sparman v. Edwards) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sparman v. Edwards, 325 F. Supp. 3d 317 (E.D.N.Y. 2018).

Opinion

ERIC N. VITALIANO, United States District Judge

On October 19, 1992, a jury convicted Anthony Sparman of repeatedly raping his twin nieces. See Sparman v. Edwards , 26 F.Supp.2d 450, 450 (E.D.N.Y. 1997). Subsequently, on October 2, 1997, this Court (Gleeson, J.) granted Sparman's application for a writ of habeas corpus . Id. at 455. Intervenors Jane Doe 1 and Jane Doe 2 now seek an order, in Sparman's habeas proceeding, (1) to seal the 1997 opinion, (2) to require the immediate removal of the opinion from any publicly available websites that currently publish it and (3) to provide notice to any print publisher of the Federal Supplement, Second Edition, that the opinion should be removed from future reprints. Mem. of Law in Supp. of Pet. to Seal or Redact Judicial Op. at 2 (ECF No. 84) ("Mot."). Intervenors claim that the published opinion has resulted in emotional harm and was erroneously maintained in the public file, given the protections intended by 18 U.S.C. § 3509. Id. at 3, 14. For the reasons discussed below, regretfully but realistically, the motion to seal the case file and to order removal of an *319opinion previously filed on the public docket from print and electronic publication is denied.

Discussion

I. Motion to Seal

Whether to seal an opinion 20 years after its entry on the public docket is, essentially, an academic exercise because, as intervenors know all too well, it has already been widely circulated in the public domain. In other words, even if the opinion were now sealed, it would not be shielded from public viewing. This is not to suggest, in any way, that the Court does not take intervenors at their word that the availability of the habeas opinion has caused them great distress. But, the public has a First Amendment right to observe the proceedings and filings of the federal courts. Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110, 120 (2d Cir. 2006) (citing Hartford Courant Co. v. Pellegrino , 380 F.3d 83, 91 (2d Cir. 2004) ). The narrow question presented here is whether there is justification to curtail that right, which is not absolute. The Court can conceive of no justification to seal an opinion that is readily available in the public domain. Practically and legally, then, this branch of intervenors' motion is intrinsically intertwined with the Court's power to purge the opinion from future print and electronic publication.

At the same time, there is little doubt that 18 U.S.C. § 3509 was designed to balance concerns for privacy against the right of public access to judicial proceedings and filings. While not deciding the issue, it is fair to say that, in harmony with § 3509, the offending opinion could have been sealed or redacted to protect the privacy of victims. Sadly, the opinion slipped through that safety net. Unless we can unring the bell by clawing back the opinion, we are left to deal with a right of public access "firmly rooted in our nation's history," id. at 119 (citing United States v. Amodeo (Amodeo I ), 44 F.3d 141, 145 (2d Cir 1995) ), without any practical benefit from sealing to countervail it.

That right of public access is of no small moment. There is a "need for federal courts ... to have a measure of accountability and for the public to have confidence in the administration of justice." United States v. Amodeo (Amodeo II ), 71 F.3d 1044, 1048 (2d Cir. 1995). Still, the right of public access is not an absolute right, and courts retain the ability to close the curtain to public view. Lugosch , 435 F.3d at 120. Intervenors are most certainly correct that "there is virtually no 'higher value' than protecting the identity of a child that has been sexually abused," Mot. at 15 (quoting Lugosch , 435 F.3d at 120 ). Yet, that value would not be served by sealing an opinion that is already publicly available. Cf. Nelson v. Comm'r of Soc. Sec. , 14-cv-1109 (ENV), 2017 WL 1314118 (E.D.N.Y. Apr. 6, 2017).

Put another way, although 18 U.S.C. § 3509(d)(2) does mandate that "[a]ll papers to be filed in court that disclose the name of or any other information concerning a child shall be filed under seal," it does not create a procedure for the sealing of documents that, for whatever reason, were not sealed, became available publicly and were widely circulated. A related statutory provision, 18 U.S.C. § 3509

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325 F. Supp. 3d 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sparman-v-edwards-nyed-2018.