Ashker v. Newsom
- Claudia Wilken
- 4:09-cv-05796
- U.S. District Court · Northern District of California
- 2
In Ashker v. Newsom, Magistrate Judge Illman granted plaintiffs’ motion to seal information claimed to threaten prison safety and ongoing investigations.
The ruling affected the plaintiffs’ request to seal specified materials and the defendants’ asserted institutional-safety and investigation concerns. The sealed materials concerned an enforcement motion in this class action.
What happened
Ashker v. Newsom concerns plaintiffs’ request to keep certain documents and document portions confidential. The materials related to plaintiffs’ enforcement motion about an unauthorized prison offense designation.
Plaintiffs argued that the materials contained confidential information. Defendants claimed disclosure could harm institutional safety and security and compromise ongoing investigations of alleged prison gang activity. The court found that plaintiffs met the required good-cause standard for sealing.
The court granted plaintiffs’ administrative motion to file under seal. Magistrate Judge Robert M. Illman entered the order on December 18, 2019.
The detailed version
- Ashker v. Newsom · No. 4:09-cv-05796
- Claudia Wilken
- Dec. 18, 2019
Background
Plaintiffs filed an administrative motion asking the court to seal Exhibit A, portions of Exhibit B, and portions of the declaration supporting their enforcement motion regarding the unauthorized Security Housing Unit-eligible offense of “Participation in a Rout with an STG Nexus.” The opinion also refers to a supporting declaration from Carmen Bremer.
Court’s analysis
Under Civil Local Rule 79-5(a), the court required a showing that the information qualified for protection under the law. The court found that plaintiffs had met the “good cause” standard. The court accepted plaintiffs’ showing that the materials contained confidential information that defendants claimed could harm CDCR institutional safety and security if disclosed and could further compromise ongoing investigations of alleged prison gang activity.
Ruling
After considering the administrative motion and the supporting declaration, the court granted plaintiffs’ motion to file the specified materials under seal. Magistrate Judge Robert M. Illman signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.