Johnson v. Rankin
Filing
66
MEMORANDUM OPINION - granting document numbers 46 and 50 , motions to seal; the Court ORDERS that Exhibits 4 and 9 to the Plaintiff's memorandum in opposition to the Defendant's motion for summary judgment and Exhibit 1 to theDefendant 039;s reply be marked confidential and remain "under seal" with this Court. In addition, the sealed version of Defendant's reply may remain sealed as the modestly redacted public version (ECF No. 53) is adequate to inform the public of the issues presented. Signed by Magistrate Judge Douglas E. Miller and filed on 2/6/12. (jcow, )
UNITED
FOR THE
STATES
DISTRICT
EASTERN DISTRICT
COURT
OF VIRGINIA
Norfolk Division
JERRELL R.
JOHNSON,
Administrator of
The Estate of Kirill Denyakin,
Deceased
Plaintiff,
v.
Civil Action No.
STEPHEN D,
2:llcv415
RANKIN,
Defendant.
MEMORANDUM ORDER
THIS
certain
motion
Rule
DAY
came
documents
for
5.
the
parties
included with
summary
(ECF Nos.
judgment
46
and
1.
On December
(hereafter
Plaintiff,
Kirill
memorandum
Jerrell
Denyakin,
electronically
Defendant's
Document
January
#:
19,
27,
2 011,
R.
for
motion
for
45) .
The
2012.
his
briefing
After
on
the
file
Defendant's
Local
Civil
motions,
Stephen D.
filed
judgment
in
Administrator
a
the
this
of
judgment
filed
in
on
the
a
by
opposition
January
reply
Rankin
motion
"Plaintiff1)/
memorandum
Defendant
to
to
following findings:
counsel,
(hereafter
the
pursuant
Defendant,
summary
summary
motions
reviewing
the
the
Johnson,
deceased
filed
by
separate
seal
and makes
"Defendant"),
accompanying
the
under
50).
Court GRANTS both motions
on
13,
case.
Estate
and
The
of
counsel,
to
the
2 012
{ECF
memorandum
on
2.
his
with
of
The
memorandum
those
because
they
submitted
reply
included
The
are
opposition
Police
items
follows:
to
(VSP)
memorandum
in
Certificate
of
which
was
issued
the
connection
1
also
seeks
Hook's
the
one
4
seek
to
the
The
is
also
Defendant
of
his
9
to
the
on
May
a
Hook.
brief
26,
of
2011,
Milam
and
Science
in
shooting
of
April
of
of
State
consists
Forensic
in
Plaintiff's
Allison
consists
the VSP Agent
of
summary
Virginia
dated
into
"under
memorandum
judgment
Denyakin,
reply
placed
a
to
scientist
investigation
have
Exhibit
Tll-3396,
Department
portions
(2)
order.
which
of
statement
forensic
Kirill
to
consists
#
seal
of
Plaintiff's
Lab
to
Two
electronically
protective
summary
deposition of
filed
addition,
to
the
judgment.
along
reply memorandum.
parties
Defendant's
exhibits
23,
2011.
transcript
and
The Defendant
relating
to
Agent
deposition.
4.
court
the
decedent,
to
of
by
a
Keenan Hook.
FS
Virginia
with
Plaintiff's
exhibits
Analysis,
to
In
2011,
Agent
summary
exhibits,
judgment
17,
separate
not
seal.
the
opposition
prepared
by
Exhibit
May
Special
14
Exhibit
summary
Rankin's
were
of his
which
to
subject
under
two pages
as
Defendant
however,
filing
19
opposition
produced
seal
3.
submitted
were
for
to
seal"
in
exhibits,
Defendant's
sought
Plaintiff
Before
must
weigh
a
court
the
can
seal
competing
any
item
interests
from public
"in
accord
view,
the
with
the
procedures
(4th
855
mandated by
Cir.
1984)."
F.2d
first
178,
give
reasonable
individual
present
is
the
in
consider
to
seal
rejecting
notice
to
of
of
As
ongoing
able
to
430,442
Washington
has
no
ongoing
442.
Cf.
Court
being
to
general
has
it.
the
386
right
of
See
in
While
docket
Id.
The
it
court
and,
reasons
findings,
a
notify persons
sealing
the
must
and
235.
or
issue."
"state
if
for
it
its
and the reasons
order
567,
enforcement
without
to
the
Va.
574
§
to
provide
an
to
In
§
Cir.
must
details
of
the
manner
that
in
a
of
787
State
2004).
documents
2703 (D),
context
agencies
2703(D),
Dept.
(4th
access
Re:
the
public
In Re:
(quoting
F.3d
must
to
seal
at
request,
sealing
"law
crime
2011)
Id.
court
the
to
court
previously recognized in the
released
investigation.
In
request
Corp.,
Id.
investigation."
Va.
Post,
a
the
must
investigations,
(E.D.
Knight,
alternatives
documents,
alternatives
the
System
supported by specific
this
investigation
Medical
a
deciding
drastic
investigate
compromises
of
F.2d 231
MD.
challenge
adequate record for review."
5.
of
unwarranted,
743
Under
1988).
courtroom
less
Publishing Co.,
University,
Cir.
advance
decision to seal
for
(4th
public
notice
in
decides
v.
opportunity
"reasonably
must
Stone
181
the
In re Knight
787
F.
related
F.
the Matter of Application and Affidavit
Supp.2d
Police
The
be
v.
public
to
Supp.2d
an
at
for a Search
Warrant,
923
F.2d
324,
326
(4th
Cir.
1991)
(affirming
decision
to unseal affidavit only after investigation had concluded).
6.
Exhibits
opposition
to
4
summary
after
this
items
confidential.
the
items
into
the
Hook.
is
Court
still
shooting
In
in
a
of
the
to
shooting
Court,
death
the
because
investigation
conducted
this
in
only
making
procedure
criminal
Denyakin,
made
discovery
order
this
ongoing
memorandum
in
protective
Kirill
into
obtained
followed
the VSP's
Court
because
(Exhibit
4
scientific
(Exhibit
the
granted
discovery
addition,
about
of
death
the
and
evidence
issued
Court
Plaintiff's
were
the representations
statement
SJ)
the
of
by Agent
the VSP's
Mr.
Denyakin
ongoing.
documents
to
to
judgment
The
investigation
Although
recent
9
first
were part
Based on
criminal
and
9
Agent
to
nature of
items
the
Court
in
access
they
contained
Officer
Plaintiff's
Plaintiff's
and
remains
light
of
Memo,
these
Rankin's
Opposition
to
recovered
in
Opposition
to
reveals
his
additional
details
impressions
concerned
the
to
in
related
Memo,
deposition
investigation
The
Plaintiff
analysis/data
Hook's
investigator.
to
the
SJ) .
as
the
about
the
sensitive
of
the VSP's
ongoing nature
lead
investigation.
7.
provided
Notice
to
opportunity
of
the
for
the
public,
Plaintiff's
and
there
interested parties
to
motion
to
seal
has
been
a
reasonable
the
Plaintiff's
challenge
has
been
motion.
No
party
has
In
regards
appeared
or
objected
to
either
sealing
request.
8.
that
there
that
the
Kirill
are
no
to
reasonable
investigation
Denyakin
is
memoranda,
adequately
inform
and the basis
9.
For
Exhibits
4
with
reply
(ECF
9
Defendant's
Defendant's
the
the
and
as
addition,
the
nature
marked
may
remain
sealed
reasons,
summary
adequate
the
the
the
the
to
Court
memorandum
judgment
confidential
addition,
as
modestly
inform
and
and
sealed
opposition
Exhibit
remain
redacted
public
that
1
to
"under
of
DOUGLAS
UNITED
the
version
issues
r
6,
2 012
E.
MILLER
STATES
MAGISTRATE
the
Defendant's
public
of
to
seal"
United States Magistrate Judge
February
and
controversy
ORDERS
in
version
the
Douglas E.
Virginia
of
exhibits
presented.
Norfolk,
fact
action requested.
Plaintiff's
for
the
redacted
unsealed
of
finds
shooting
the
of
the
of
2011,
numerous
In
is
23,
the
Court.
53)
In
the Court
light
as
court
motion
reply be
April
in
well
this
No.
the
foregoing
to
sealing,
public
the
for
into
to
alternatives
continuing.
unredacted
the
alternatives
JUDGE
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