T.C. v. New York State Department of Health
This text of T.C. v. New York State Department of Health (T.C. v. New York State Department of Health) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DISABI TY RIGHTS KASOWITZ MENTAL HYGIENE LEGAL SER\ NEWYORK BENSON TORRES FIRST AND THIRD JUDICIAL DEPARTMI
October 20, 2022
VIA ECF USDC SDNY Honorable Mary Kay Vyskocil DOCUMENT United States District Court ELECTRONICALLY FILED Southern District of New York DOC fo 500 Pearl Street, Room 2230 DATE FILED:_11/1 7/2022 _ New York, NY 10007
Re: A.H., et al. v. New York State Dep’t of Health, et al., Case No. 1:22-cv-05045
Dear Judge Vyskocil: We represent Plaintiffs in the above-referenced action. Pursuant to Section 9 of Your Honor’s Individual Rules of Practice in Civil Cases, Plaintiffs respectfully request that the Court accept redacted versions of Exhibits A, B, C, D, E, F, G, H, and I to the Declaration of David J. Abrams that were filed earlier today in support of Plaintiffs’ Motion for a Preliminary Injunction. We also have filed contemporaneously herewith, under seal, the Abrams Declaration and Exhibits A, B, C, D, E, F, G, H, and I thereto, highlighting the proposed redactions. Defendants request to redact the names of the individual Plaintiffs in this action for the same reasons as set out in Plaintiffs’ July 12, 2022 letter motion to proceed anonymously and by use of pseudonyms [ECF No. 30]. Defendants previously have consented to Plaintiffs proceeding anonymously in this case. As set out in Plaintiff's letter motion concerning the use of pseudonyms, this litigation involves matters that are highly sensitive and personal. The individual plaintiffs are individuals with intellectual and developmental disabilities who are presently institutionalized. Plaintiffs’ claims and the pending motion concern legally protected physical and mental health information with regards to their diagnoses, functional limitations, treatment history, and treatment needs. Federal law, state law, and numerous courts have all recognized that health information, like the kind at issue here, is entitled to protection from public disclosure. See, e.g.,42 U.S.C. § 1320d er seq.; N.Y. Mental Hyg. Law § 33.13. Additionally, the disclosure of Plaintiffs’ health histories, including their histories of institutionalization, could result in additional injury. See P.D. v. Neifeld, 2022 WL 818895, at *4 (E.D.N.Y. Mar. 1, 2022).
Thank you for your consideration of this request. We are available to answer any questions the Court may have. Respectfully, /s/ David J. Abrams DISABILITY RIGHTS NEW YORK KASOWITZ BENSON TORRES LLP Benjamin Taylor (Bar No. BT7396) David J. Abrams (Bar No. DA4093) Julie M. Keegan (Bar No. JK2828) David E. Ross (Bar No. DR5092) Alyssa Galea (Bar No. 5577762) Stephen P. Thomasch (Bar No. ST1225) William Tronsor (Bar No. 5691373) Andrew W. Breland (Bar No. 5691340) MENTAL HYGIENE LEGAL SERVICE FIRST JUDICIAL DEPARTMENT Sadie Z. Ishee (Bar No. SI9540) Leonard D. Simmons (Bar No. LS6830) MENTAL HYGIENE LEGAL SERVICE THIRD JUDICIAL DEPARTMENT Sheila E. Shea, Director (pro hac vice)
The Court has carefully reviewed the proposed redactions and finds that the redactions are limited and appropriate. Accordingly, the request to maintain the unredacted documents under seal is GRANTED.
Date: November 17, 202 K (/ New York, New York |Kay V¥skocil nited States District Judge
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