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Reason
Reason
Politics
Eugene Volokh

Discrimination Lawsuit Against N.Y. City Official Can't Be Totally Sealed at Plaintiff's Behest

From Doe v. City of New York, decided today by Judge Gregory Woods (S.D.N.Y.):

One distinguishing facet of the American legal system is its commitment to public access to the trial process. This legacy of "open justice" is as old as America itself. The plaintiff in this action asks that the Court deviate from that legacy and to permit her to litigate her case under seal in complete secrecy. Because the plaintiff has not overcome the strong presumption to public access that attaches to judicial documents—including her complaint and the existence of the case itself—her motion to seal the case is DENIED….

In her complaint, the plaintiff asserts claims of discrimination, failure to accommodate, and retaliation under the Americans with Disabilities Act, as well as a series of claims under New York State and New York City law. In the complaint, the plaintiff describes her status as a victim of domestic violence, and asserts that the defendants failed, among other things, "to address the harassment stemming from [her] domestic violence victim status." And she describes certain of her health conditions—principally her "anxiety-triggered acid reflux," which, she asserts, the defendants failed to accommodate.

The complaint contains a number of redactions. Those redactions obscure the identity of the office for which the plaintiff worked, and her job position and responsibilities. The redactions also protect the identity of one of the actors who allegedly discriminated against her—namely, the elected public official who the plaintiff wishes to be known only as "Sealed Defendant 2." …

[P]laintiff [also] argues that she should be permitted to pursue this litigation under seal in its entirety. She contends that public litigation of the case will further expose sensitive details about her life: "[I]f this case is not permitted to be filed completely under seal, there is a substantial risk of further harm to Ms. Doe by exposing sensitive details to the public, mirroring the very violations at the lawsuit's core—where Defendants are accused of, among other things, improperly disseminating Ms. Doe's domestic violence status." …

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