Rose v. City of New York

Background

Kareem Rose brought the action alleging that the defendants violated his constitutional rights. The opinion states that the warrant and other documents related to the litigation were, upon information and belief, sealed under New York Criminal Procedure Law sections 160.50 and/or 160.55. It also states that the New York State Office of Court Administration and other government agencies possessed the warrant and related records.

Court’s Authority and Ruling

The court stated that it had inherent authority to unseal the records for purposes of the litigation. It ordered the warrant bearing Docket Number 2014NY053486, and all related records under that docket number in the possession of the Office of Court Administration or other government agencies, unsealed for the identified litigation only.

The court also ordered that a certified copy of the warrant bearing Index Number 2014NY05348, along with other documents and transcripts related to Docket Number 2014NY053486, be provided to James E. Johnson, the City of New York’s Corporation Counsel, or authorized representatives, and to Jeffrey A. Rothman for inspection, photocopying, and use in the litigation only.

Limits on Use and Disclosure

The order allowed the Corporation Counsel’s Office and Rothman to use the records and disclose them to opposing counsel or the court as required by law or by an order of the United States District Court for the Southern District of New York. The records were designated as confidential materials under the applicable protective order. Any personal identifying information of New York City police officers, including home addresses or private contact information, was to be treated as available only to attorneys.

Disposition

This was an ancillary order concerning access to sealed records; it did not decide the merits of Rose’s constitutional-rights claims. Judge John G. Koeltl signed the order.