Jefferson (ID 44578) v. Moore et al

Filing 72

ORDER granting 68 KDOC's Motion to File Under Seal Exhibit V. Exhibit V to the 10 Martinez Report, a DVD filed conventionally in the Topeka Clerk's office, shall be placed under seal. It is further ordered that pro se Plaintiff shall be provided access to view the contents of Exhibit V upon reasonable notice of his request to his Unit Team. Signed by Magistrate Judge Teresa J. James on 3/11/2025. Mailed to pro se plaintiff Jefferson by regular mail. (byk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANTHONY JEFFERSON,
Plaintiff,
v.

Case No. 23-cv-3263-TC-TJJ

LEONARD MOORE, et al.,
Defendants.
ORDER GRANTING MOTION TO SEAL EXHIBIT V
Interested party Kansas Department of Corrections (“KDOC”) has filed a Motion to File
Under Seal Exhibit V (ECF No. 68) to the Martinez report (ECF No. 10). KDOC requests
permission to file under seal Exhibit V, which is a DVD containing video recordings of the use of
force at issue in this case and the media players necessary to view the recordings. KDOC
previously filed a motion and was granted leave to file Exhibit V conventionally but did not request
that it be filed under seal.1 KDOC now requests Exhibit V be placed under seal, arguing the release
of security video footage from a correctional facility, either to residents or to the public, creates
unreasonable safety and security risks for both residents and staff. KDOC further requests Plaintiff
not be allowed to possess a copy of the DVD, but Plaintiff’s Unit Team is able to facilitate his
viewing of its contents. Defendants filed a response in support of the KDOC’s motion to seal (ECF
No. 69), arguing KDOC regularly seeks to file prison video footage under seal to mitigate security
risks from disclosure.

1

See ECF Nos. 6 and 7.

“Courts have long recognized a common-law right of access to judicial records,” but this
right “is not absolute.” 2 Thus, the presumption in favor of access to judicial records may be
overcome where “countervailing interests heavily outweigh the public interests in access.”3 The
burden is on the party seeking to restrict access to show “some significant interest that outweighs
the presumption.”4
Although a presumption exists in favor of public access to judicial records, KDOC and
Defendants have met their burden to show a significant interest outweighs this presumption. Here,
Exhibit V contains video recordings from a correctional facility’s security footage and should be
placed under seal to protect the safety and security of both inmates and prison staff. The Tenth
Circuit has upheld the sealing of prison video footage “for the safety of the jail, as they show which
areas of the jail are surveilled,” finding this to be “a real and substantial interest that justifies
depriving the public of access.”5 Although Exhibit V should be sealed so the public does not have
access, Plaintiff should still be able to view Exhibit V for purposes of litigating his claims in this
case. However, “it is the historical and current practice of the KDOC to allow inmates to view,
under supervision, surveillance camera footage referenced in a Martinez report.”6 Inmates may
view videos but are not given separate copies.7 Plaintiff may not request direct access or a copy
of Exhibit V, but shall be provided access to view the contents of Exhibit V upon reasonable notice
of his request to his Unit Team.
2

Colony Ins. Co. v. Burke, 698 F.3d 1222, 1241 (10th Cir. 2012) (citations omitted).

3

Id.

4

Id.

5

Brown v. Flowers, 974 F.3d 1178, 1187–88 (10th Cir. 2020).

6

Grissom v. Palm, No. 19-3178-EFM, 2022 WL 3211428, at *1 (D. Kan. Aug. 9, 2022).

7

Id.

2

IT IS THEREFORE ORDERED that KDOC’s Motion to File Under Seal Exhibit V
(ECF No. 68) is granted. Exhibit V to the Martinez Report, a DVD filed conventionally in the
Topeka Clerk’s office, shall be placed under seal.
IT IS FURTHER ORDERED that pro se Plaintiff shall be provided access to view the
contents of Exhibit V upon reasonable notice of his request to his Unit Team.
A paper copy of this Memorandum and Order will be mailed to Plaintiff and the Notice of
Electronic Filing (NEF) emailed to the Lansing KDOC email account.
Dated March 11, 2025, at Kansas City, Kansas.

Teresa J. James
U. S. Magistrate Judge

3