From Magistrate Judge Bruce Reinhart's opinion Friday in Morrison v. Delray Medical Center, Inc. (S.D. Fla.), reconsidering an earlier sealing order:
Dr. John Morrison sues multiple defendants, including Delray Medical Center ("the Hospital") in a 14 count Complaint alleging both federal and state claims….
The redacted information … [includes] … allegedly defamatory statements about Dr. Morrison…. Dr. Morrison … argues that disclosing this information may affect his ability to practice medicine and earn a living. He further says, "The public's interest in viewing these false and defamatory statements are of little to no importance. Unlike other cases involving the competing balance of interests test, there is no motion from a non-party to view otherwise sealed information. The potential damage to Dr. Morrison's ability to earn a living and practice medicine substantially outweigh the abstract and unasserted interest by the public in viewing the specifics of these false statements."
Dr. Morrison brought this lawsuit. He chose to challenge the accuracy of these statements in a public courtroom. If disclosing the allegedly-defamatory statements invades his privacy or causes him injury, it is solely the result of his own actions and decisions. Disclosing these statements will not impair court functions. They do not involve public officials or public concerns. Dr. Morrison will be able to respond to the information; he brought the defamation claim specifically so he could disprove the statements. There is no lesser alternative than unsealing.
