D.J.C.V. v. United States

Background

D.J.C.V. and other plaintiffs brought this action against the United States under the Federal Tort Claims Act. The Government sought permission to file publicly redacted versions of its memorandum responding to the plaintiffs’ further opposition to the Government’s motion to dismiss, and an exhibit to a declaration. It asked the Court to file unredacted versions of those documents under seal.

The Request

The Government said the documents contained confidential information relating to law-enforcement interests. Specifically, the proposed redactions concerned deposition testimony about United States Border Patrol practices for processing noncitizens and procedures surrounding immigration enforcement at the Southwest border. The Government argued that public disclosure could impede immigration-enforcement efforts and that the redactions were narrowly tailored.

The Government acknowledged that the documents were judicial documents, meaning documents relevant to the court’s work. It argued that the presumption of public access was relatively weak for the information at issue because the information would not play a substantial role in determining the plaintiffs’ rights. The Government also cited law-enforcement and public-safety interests supporting nondisclosure.

Ruling

Judge Engelmayer granted the Government’s request. The Court accepted the Government’s unredacted brief and supporting exhibit as filed under seal and accepted the redacted versions as publicly filed on the docket. The opinion did not decide the underlying motion to dismiss.