PHASE 2A OPINION AND ORDER ON MOTION TO REDACT
The issue the court confronts in this extended litigation is whether to redact the trial testimony of a witness.
Beginning in December 2016, the court conducted a two-month bench trial concerning the constitutionality of mental-health care in the Alabama Department of Corrections (ADOC). See Braggs v. Dunn, 257 F.Supp.3d 1171 (M.D. Ala. 2017) (Thompson, J.) (finding liability based on trial testimony and other evidence). The defendants have 'now moved to-redact the transcript of the trial testimony of Dr. David Tytell, the chief psychologist .of ADOC. The plaintiffs oppose this motion. The court finds that the defendants have failed to show good cause warranting redaction of this particular information from Dr. Tytell’s testimony.
A “strong common law presumption of public access” applies to trial records. Wilson v. Am. Motors Corp., 759 F.2d 1568, 1571 (11th Cir. 1985). This common-law right of access, however, may be overcome. by a showing of good cause, which requires “balancing the asserted right of access against the other party’s interest in keeping the information confidential.” Romero v. Drummond Co., 480 F.3d 1234, 1246 (11th Cir. 2007). Whether good cause exists depends on “the nature and character of information in question.” Id. Factors to consider include: “whether allowing access would impair court functions or harm legitimate privacy interests, the degree of and likelihood of injury if made public, the reliability of the information, whether there will be an opportunity to respond to the information, whether the information concerns public officials or public concerns, and the availability of a less onerous alternative to sealing the documents.” Id.
The portions that the defendants seek to redact are general descriptions of prisoners who committed suicide while in segregation, referred to by their initials, including their history of suicide attempts, housing arrangements, suicide method, and whether they were receiving any mental-health care at the time. The defendants argue that good cause exists for redacting this information because “it includes sensitive medical and mental health information surrounding the deaths of identifiable inmates.” Def. Br. (doc. no. 1314) at 2.
Based on its review of the information in Dr. Tytell’s testimony, the court finds that any privacy interest in the information at issue is minimal, and that any harm that would arise from public access is unlikely. First, much of the information relating to three of the six suicides included in Dr.
On the other hand, the portion of Dr. Tytell’s testimony at issue involves a public concern that is “at the heart of the interest protected by the right of access: the citizen’s desire to keep a watchful eye on the workings of public agencies and the operation of government.” Romero, 480 F.3d at 1246 (internal quotation omitted) (citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978)). The ñatee and consequences of the defendants’ segregation practices, including suicides within segregation units, are a major part of the court’s liability findings in this case; the public has a strong interest in learning of these practices and their consequences, as reflected in these suicides, as well as an interest in reviewing the factual basis for the court’s findings. Braggs, 257 F.Supp.3d at 1237-47. Given the weight of the public concern at stake, the minimal privacy interests articulated by the defendants do not constitute good cause for restricting public access of the trial record.
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Accordingly, it is ORDERED that the defendants’ motion to redact portions of Dr. David Tytell’s transcript (doc. no. 1314) is denied.