Ware v. Brann

Opinion

USDC SDNY & BESS, DOCUMENT i ea st fh ELECTRONICALLY FILED He Sapte Y | ise □ Reng DATE FILED:_ 12/27/2023

THE CITy OF NEW YORK SYLVIA O. HINDS-RADIX LAW DEPARTMENT DAVID S. THAYER Corporation Counsel 100 CHURCH STREET Assistant Corporation Counsel NEW YORK, NY 10007 t: (212) 356-2649 £ (212) 356-1148 e: dthayer(@law.nyc.gov

December 12, 2023 Via ECF Granted. The Honorable Robert W. Lehrburger *° ORDERED: je-—~ United States District Court for the = Southern District of New York Note Se 500 Pearl Street UNTED STATES MAGISTRATE JUDGE New York, NY 10007 Re: Ware v. Brann, ef al., Case No. 21 CV 2028 (DEH)(RWL) Dear Magistrate Judge Lehrburger: I am an Assistant Corporation Counsel in the Office of the Corporation Counsel, attorney for Defendants in the above-captioned action. I write to respectfully request leave to file, under seal, documents in support of Defendant’s motion for summary judgment, filed today, December 12, 2023. In this action, Plaintiff alleges that his constitutional rights were violated while he was detained at the Vernon C. Bain Center (““VCBC”’), a New York City Department of Correction (“DOC”) facility. The Defendants in this action are now moving for summary judgment. In support of this motion, Defendants seek to rely upon Correctional Health Services records pertaining to Plaintiff's medical history. Defendants submit that these records are highly sensitive and confidential. See, e.g., Offor v. Mercy Med. Ctr., 167 F. Supp. 3d 414, 445 (E.D.N.Y. 2016) (collecting cases) (“Courts in this Circuit have repeatedly held that information protected by HIPAA is not subject to a First Amendment or common-law right of access and thus have sealed docket entries and redacted documents that contain such information.”); Fox v. Poole, 06CV148 (CONSENT), 2007 U.S. Dist. LEXIS 64779, at *38 (W.D.N.Y. Aug. 31, 2007) (ordering parties to file inmate medical record under seal). Accordingly, Defendants respectfully request leave to file “Exhibit B” and “Exhibit C” to the Declaration of David S. Thayer, which contain these medical records, under seal in order to protect Plaintiff's privacy and confidentiality interests.

I thank the Court for its consideration of this request.

Respectfully yours, /s/ David S. Thayer David S. Thayer Assistant Corporation Counsel cc. Via Mail Walter Ware ID#22B1979 Green Haven Correctional Facility P.O. Box 4000 Stormville, NY 12582 Plaintiff pro se