Jackson v. Wilkins
AMENDED MEMORANDUM OPINION AND ORDER denying Berrien County Defendants' motion to redact transcript (169) ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
JAMES DARNELL JACKSON, as Personal
Representative of the Estate of DOYLE M.
File No. 1:09-cv-553
HON. ROBERT HOLMES BELL
BENTON HARBOR POLICE OFFICER
JIM WILKINS, et al.,
AMENDED MEMORANDUM OPINION AND ORDER
Berrien County Defendants have filed a motion to redact the appeal transcript of oral
arguments made before this Court. (Dkt. No. 169, Mot.; Dkt. No. 167, Transcript). The
motion concerns references in the transcript to still photographs taken from video evidence.
The video evidence had been placed under seal prior to the hearing (Dkt. No. 156), but the
still photographs in question were never filed, and were not retained by the Court. Berrien
County Defendants now seek to redact all reference to the still photographs in the transcript.
Pursuant to Fed. R. Civ. P. 10(e)(1), this Court must settle any dispute regarding the
accuracy of the record, and conform the record accordingly. However, the relief sought by
Berrien County Defendants would not promote accuracy. There is no dispute concerning the
accuracy of the transcript; counsel for Plaintiff did indeed present the court with still
photographs derived from video evidence. Redaction of references to the still photographs
would hinder rather than promote a complete and accurate record of the proceeding.
To the extent that Berrien County Defendants are concerned with completeness of the
record, the Court finds that the video evidence from which the stills are wholly derived is
sufficient. However, should Berrien County Defendants so desire, they may file a separate
motion for an order requiring Plaintiff to supplement the record with sealed copies of the still
photographs presented at hearing. Accordingly,
IT IS HEREBY ORDERED that Berrien County Defendants’ motion to redact
transcript (Dkt. No. 169) is DENIED.
Date: July 17, 2012
/s/ Robert Holmes Bell
ROBERT HOLMES BELL
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?