No Sealing of Court Filings That Discuss Misconduct Allegations Against Police Officer, But …
From U.S. v. Jackson, decided Wednesday by Judge Allyne R. Ross (E.D.N.Y.):
The government moves to seal its December 5, 2020 letter and defendant’s December 4, 2020 letter because they discuss Civilian Complaint Review Board (“CCRB”) and Internal Affairs Bureau (“IAB”) allegations against the government’s witness, Detective Kevin Deleon. Gov’t’s Letter, The government argues that sealing is necessary in order to protect Det. Deleon’s privacy interest because the allegations contain speculation and unsubstantiated complaints.
The public has a presumption of access to judicial documents under both the common law and the First Amendment. District courts must therefore “avoid sealing judicial documents in their entirety unless necessary.” In certain circumstances, however, “[d]ocuments may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.” …
This circuit has held that the First Amendment right attaches “to written documents filed in connection with pretrial motions” in criminal cases, but generally does not apply to discovery mat
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