Doe v. Washington Public Schools et al

Filing 91

ORDER granting 83 Motion to Seal as more fully set forth herein. Signed by Honorable Jodi W. Dishman on 5/29/20020. (rb)

Case 5:18-cv-00271-JD Document 91 Filed 05/29/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CHILD DOE, by his parents and next
friends JOHN and JANE DOE,
Plaintiff,
V.

A.J. BREWER, Superintendent in his
individual capacity; STUART
McPHERSON, Principal and
Athletic Director, Washington Middle
School in his individual capacity; and
INDEPENDENT SCHOOL DISTRICT
NO. 5 OF McCLAIN COUNTY,
OKLAHOMA, also known as
Washington Public Schools,
Defendants.

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Case No. CIV-18-00271-JD

ORDER
Before the Court is Plaintiff Child Doe’s Unopposed Motion for Leave to File
Confidential Information Under Seal (“Motion”). [Doc. No. 83]. The Motion seeks to
permit Child Doe to file under seal six exhibits to his forthcoming motion for summary
judgment, as well as a legend identifying minors referred to by pseudonym in that
motion. [Id. at 1]. Child Doe seeks to file under seal “only the most sensitive,
confidential documents,” which are
(1)

records of the investigations and prosecutions of the minor assailants,
protected from disclosure by law;

(2)

detailed, confidential records of Plaintiff’s own mental health treatment;
and

Case 5:18-cv-00271-JD Document 91 Filed 05/29/20 Page 2 of 3

(3)

a legend which connects the names of minor students and the
pseudonyms by which they are identified by the parties.

[Id. at 1–2].
As noted by Child Doe, “[c]ourts have long recognized a common-law right of
access to judicial records.” Mann v. Boatright, 477 F.3d 1140, 1149 (10th Cir. 2007).
Parties may not unilaterally restrict public access to judicial documents by deeming or
marking them “confidential.” See Colony Ins. Co. v. Burke, 698 F.3d 1222, 1241 (10th
Cir. 2012). However, “the presumption of access can be rebutted if countervailing
interests heavily outweigh the public interests in access.” Mann, 477 F.3d at 1149
(citations omitted). A movant must establish that the interest in restricting access to
specific information in the case “outweighs the presumption of public access.” Colony,
698 F.3d at 1242.
The Court finds that the exhibits sought to be sealed by Child Doe concern
matters which are confidential by state statute, concern highly personal information
about minors (including Child Doe and classmates), and contain mental health
information of Child Doe that should be filed under seal. The Court therefore GRANTS
the Motion and finds that Child Doe has demonstrated specific, serious, and substantial
interests that heavily outweigh the presumption in favor of the public’s common-law
right of access to these specific records.
The Court therefore ORDERS that Child Doe is permitted to file under seal as
exhibits to his forthcoming motion for summary judgment: exhibits identified in the

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Case 5:18-cv-00271-JD Document 91 Filed 05/29/20 Page 3 of 3

Motion as 13, 14, 17, 18, 27, and 30, and the pseudonym legend identifying minor
children by pseudonym.
It is so ORDERED this 29th day of May 2020.

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