Sommers v. City of Santa Clara

Background

The Defendants moved for administrative relief to file Exhibit B to the Declaration of Alexander Jason under seal. They had submitted the exhibit in support of their motion for summary judgment. The Defendants said the photographs were graphic and believed the Plaintiffs might consider them related to privacy rights or might prefer that they not be filed publicly. The Plaintiffs did not respond to the sealing motion or to the court’s order directing a response.

Legal standard

The court explained that judicial records are generally available for public inspection. Because the exhibit supported a motion for summary judgment and went to the heart of the case’s merits, the court applied the “compelling reasons” standard. Under that standard, a party seeking to seal records must identify a compelling reason that outweighs the public’s interest in disclosure and must provide a factual basis for the request. General claims of embarrassment or harm are not enough. A sealing request also must be narrowly tailored and supported by a declaration establishing that the material is sealable.

Court’s reasoning

The court held that the Defendants’ description of the photographs as graphic did not establish how the Plaintiffs would be harmed by publication. The court cited the rule that broad allegations of harm, without specific examples or reasoned explanation, are insufficient. The Plaintiffs’ failure to oppose the request did not supply the missing justification.

Disposition

Judge Beth Labson Freeman ordered that the Defendants’ motion to file Exhibit B under seal was DENIED. The order did not decide the underlying claims or the Defendants’ motion for summary judgment.