Shelby v. Missouri Department of Corrections et al

Filing 64

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Jimmy DeWayne Shelby's motion to unseal documents (Doc. No. 60 ) is DENIED. Signed by District Judge John A. Ross on 11/12/2019. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JIMMY DEWAYNE SHELBY,
Plaintiff,
v.
SHANNON OAKS,
Defendant.

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No. 4:17-cv-00821-JAR

MEMORANDUM & ORDER
This matter in this closed case comes before the Court on Plaintiff Jimmy DeWayne
Shelby’s motion to unseal documents. (Doc. No. 60). On August 26, 2019, the Court granted
Defendant Shannon Oaks’s motion for summary judgment and denied Plaintiff’s motion for
summary judgment. Now, Plaintiff contends he did not receive certain documents filed under
seal in support of Defendant’s motion for summary judgment, and thus requests that those
documents be unsealed and made available to him.
On October 8, 2019, the Court directed Defendant to verify that she provided Plaintiff
with a copy of her motion for summary judgment, as well as all supporting documentation.
(Doc. No. 61). In response, Defendant states that her attorney’s internal records reflect that such
copies were mailed to Plaintiff on September 11, 2018, in accordance with the certificate of
service on those documents. (Doc. No. 62). Plaintiff did not file any reply to the contrary.
“It is clear that the courts of this country recognize a general right to inspect and copy
public records and documents, including judicial records and documents.” Rohrbough v. Hall,
No. 4:07CV00996 ERW, 2010 WL 1998554, at *1 (E.D. Mo. May 19, 2010) (citing Nixon v.
Warner Commc’ns, Inc., 435 U.S. 589, 597 (1979)). This right is not absolute, however, and the

Court’s Local Rules specifically protect documents containing social security numbers, dates of
birth, and home addresses. See L.R. 2.17.
Upon review of the record, it appears that Plaintiff received copies of the records in
question. On April 5, 2018, Defendant filed a notice with the Court stating that her counsel
mailed copies to Plaintiff of his medical and grievance records previously identified in her initial
disclosures. (Doc. No. 29). Plaintiff confirmed that he received those records, which formed the
basis of Defendant’s motion for summary judgment. Thus, Plaintiff had in his possession the
documents required to respond to Defendant’s motion for summary judgment, and Plaintiff used
these records to support his cross motion for summary judgment. (See Doc. No. 52). The Court
allowed these documents to be filed under seal to protect Plaintiff’s privacy and to shield his
personal information from public disclosure. Therefore, the Court will deny Plaintiff’s motion.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff Jimmy DeWayne Shelby’s motion to unseal
documents (Doc. No. 60) is DENIED.

Dated this 12th day of November, 2019.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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