B.S. v. Joyce
- P. Castel
- 1:22-cv-09738
- U.S. District Court · Southern District of New York
- 2
In B.S. v. Joyce, Judge Castel granted B.S.’s request to file a release plan under seal because it contained sensitive medical information.
The order affects B.S., whose detailed medical information will be shielded from public view in the additional exhibit, and members of the public seeking access to that exhibit.
What happened
B.S. asked the court in B.S. v. Joyce for permission to file one additional exhibit supporting his custody petition. The exhibit was a release plan prepared by Ismery Lora, a licensed clinical social worker.
The plan contained sensitive personal and medical information, including mental-health diagnoses, treatment recommendations, medications and dosages, treatment centers, and supportive housing. Counsel for the respondents consented to sealing the exhibit.
Judge P. Kevin Castel granted the application. The court found that the privacy interests in the detailed medical information outweighed the public’s interest in access to the exhibit.
The detailed version
- B.S. v. Joyce · No. 1:22-cv-09738
- P. Castel
- Nov. 17, 2022
Background
B.S. had filed a petition asking the court to review his custody. His lawyers, from The Bronx Defenders, requested permission to file one additional supporting exhibit under seal: a release plan prepared by Ismery Lora, a licensed clinical social worker. Counsel for the respondents, Special Assistant United States Attorney Joshua Press, consented to the request.
Sealing request
The release plan contained highly sensitive personal and medical information about B.S., including mental-health diagnoses, treatment recommendations, specific medications and dosages, and the names of treatment centers and supportive housing that he would use if released. The request stated that the petition disclosed the general nature of the diagnoses and symptoms but that the release plan provided additional detail.
Ruling
Judge P. Kevin Castel granted the application to file the exhibit under seal. The court found that the sensitive and personal nature of the information outweighed the presumption that court records should be publicly accessible. The ruling concerned only the filing of this exhibit; the provided text does not decide B.S.’s underlying custody petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.