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Reason
Reason
Politics
Eugene Volokh

If You Sue, Even About Personal Matters, Expect the Case to Be Public

From Mikhail v. Manchester Univ., Inc., decided yesterday by Judge Holly Brady (N.D. Ind.):

Plaintiff expresses that she would like the entire case sealed because she is "experiencing violations and disruptions in my life due [to] very personal and medical information being public." {Plaintiff filed suit alleging disability discrimination and failure to accommodate under the ADA and the Rehabilitation Act. A clerk's entry of judgment against the Plaintiff was entered in May 2019 and the case is closed.} While the Court understands Plaintiff's concerns, Plaintiff has not overcome the strong presumption of public access to judicial documents….

There is a general principle favoring public access to federal court records, and it is only after balancing competing interests that a court may take the step of limiting such access. Indeed, "[w]hat happens in the federal courts is presumptively open to public scrutiny. Judges deliberate in private but issue public decisions after public arguments based on public records… Any step that withdraws an element of the judicial process from public view makes the ensuing decision look more like fiat and requires rigorous justification." Even in cases involving substantial countervailing privacy interests such as state secrets, trade secrets, and attorney-client privilege, courts have refused requests to seal.

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