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, )

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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." 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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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