S.D. v. Genalo
- Vernon Broderick
- 1:22-cv-03063
- U.S. District Court · Southern District of New York
- 2
In Diaz v. Decker, Judge Moses granted the government’s request to file a medical declaration under seal.
The petitioner’s medical and mental-health information, and the defendants’ ability to file the declaration containing that information, were affected.
What happened
In Diaz v. Decker, the government asked to file under seal a declaration about the petitioner’s medical and mental-health status and treatment. The government said the declaration discussed those matters in more detail than the habeas petition and that the petitioner consented to the request.
The government argued that sealing was appropriate because medical records carry privacy interests, despite the usual presumption that court filings should be open to the public. The court’s order permitted the defendants to file the declaration under seal.
Judge Barbara Moses granted the application and ordered that the declaration could be filed under seal.
The detailed version
- S.D. v. Genalo · No. 1:22-cv-03063
- Vernon Broderick
- May 18, 2022
Background
The government, which represented the defendants in an immigration petition seeking review of detention, asked for permission to file a declaration under seal. The declaration concerned the petitioner’s medical and mental-health status and treatment. The government stated that the petitioner consented to the request and that the declaration discussed medical and mental-health matters in greater detail than the petition. The request also referred to medical records from the detention facility.
Arguments about sealing
The government acknowledged the general presumption that court filings should be publicly accessible. It argued that sealing was justified by the privacy interests associated with medical records and cited decisions allowing medical records to be sealed. The government also referred to federal law’s treatment of such records as confidential.
Ruling
Judge Barbara Moses granted the application. The order states that the defendants were permitted to file the declaration under seal. It does not separately state that the accompanying medical records were sealed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.