PHILLIPS v. N.J. STATE PAROLE BOARD

Filing 16

MEMORANDUM AND ORDER, Granting 14 Motion to Seal Document. Signed by Judge Renee Marie Bumb on 10/6/17. (js)

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

WADIS PHILLIPS,

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Petitioner,
v.
N.J. STATE PAROLE BOARD,
Respondent.

Civil No. 16-5446 (RMB)
MEMORANDUM AND ORDER
ON MOTION TO SEAL

This matter comes before the Court upon Respondents’ Motion
to File Confidential Documents Under Seal Pursuant to L. Civ. R.
5.3 ((“Mot. to Seal”) (ECF No. 14.) Petitioner did not oppose
the motion.
On September 7, 2016, Petitioner filed a Petition for Writ
of Habeas Corpus Under 28 U.S.C. § 2254, challenging the May
2014 decision of the New Jersey Parole Board, denying parole and
setting a ten-year future eligibility term.
Respondent

filed

an

Answer

to

the

(Pet., ECF No. 1.)

Petition,

relevant portions of the state court record.

including

the

(Answer, ECF No.

13.)
Respondent has requested that the Court file under seal
Petitioner’s
medical

presentence

summary,

a

investigation

psychological

report,

evaluation

dated

pre-parole
April

29,

2013,

a

confidential

memorandum

from

the

Essex

County

Prosecutor’s Office, a document entitled “Confidential Reports
Considered,”

dated

February

19,

2014,

and

a

confidential

addendum, dated June 5, 2014. (Declaration of Christopher C.
Josephson, ECF No. 14-1, ¶5.)
Local Civil Rule 5.3(c)(2) and (3) requires the court to
consider, upon a motion to seal, (1) the nature of the materials
or proceedings at issue; (2) the legitimate private or public
interests

which

defined

and

sought

is

warrant

serious
not

the

injury

granted,

relief
that

and

sought;

would

(3)

(3)

result

why

a

if

the

clearly

the

relief

less

restrictive

are

Petitioner’s

alternative to relief is not available.
The

nature

of

the

materials

at

issue

presentence report, Petitioner’s medical records, and documents
discussing Petitioner’s medical records.
Under

New

Jersey

state

law,

confidential from third parties.

presentence

reports

are

State v. DeGeorge, 274 A.2d

593 (N.J. Super. Ct. App. Div. 1971).

The Supreme Court of New

Jersey has determined there is a public interest in maintaining
confidentiality

of

presentence

reports

from

State v. Kunz, 55 A.2d 895, 902 (N.J. 1969).

third

parties.

Respondent will

make a copy available to Petitioner upon his request, but the
report is otherwise confidential and no alternative is available
to sealing the presentence report.
2

Petitioner has an interest in the privacy of his medical
records.

Doe v. Delie, 257 F.3d 309, 315 (3d Cir. 2001) (“There

can be no question that ... medical records, which may contain
intimate facts of a personal nature, are well within the ambit
of materials entitled to privacy protection”) (quoting United
States v. Westinghouse Elec. Corp., 638 F.2d 570, 577 (3d Cir.
1980)).

Additionally,

the

State

has

enacted

legislation

prohibiting disclosure of an inmate’s mental health evaluations
to

an

inmate,

information

under

would

be

circumstances
harmful

to

where

the

the

inmate,

release

jeopardize

of
the

safety of others, compromise the privacy of others or have a
substantial impact on the orderly operation of the correctional
facility.

See N.J.A.C. 10A:22-2.7(d).

Therefore, both parties’

interests warrant sealing Petitioner’s medical records.
Petitioner’s right to medical privacy would be injured if
his

medical

docket.

records

The

are

State’s

publicly

interest

available
in

the

on

safe

the

Court’s

operation

of

correctional facilities is also compromised by disclosure of an
inmate’s mental health evaluation.
that

there

is

no

less

restrictive

Finally, the Court finds
alternative

to

sealing

Plaintiff’s medical records, and the documents discussing those
records.
IT IS therefore on this 6th day of October 2017;

3

ORDERED that the motion to seal (ECF No. 14) is GRANTED,
and it is further
ORDERED that the Clerk of the Court shall maintain under
seal

the

confidential

documents

(Cra1-Cra33)

contained

in

Exhibit “B” to the Declaration of Christopher C. Josephson (ECF
No. 15); and it is further
ORDERED that the Clerk of Court shall serve this Memorandum
and Order on Petitioner by regular mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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