Smith v. West Virginia Division of Corrections and Rehabilitation
5:23-cv-00210
| S.D.W. Va | Dec 16, 2024Background
- Plaintiff Miranda Dawn Smith, representing the estate of Alvis Ray Shrewsbury, brought suit against the West Virginia Division of Corrections and Rehabilitation and associated defendants.
- The litigation concerns a wrongful death claim and has reached a proposed settlement stage.
- Plaintiff moved to file the petition for approval of the wrongful death settlement, along with exhibits, under seal.
- The stated basis for sealing was settlement confidentiality and the inclusion of personal identifying information in the exhibits.
- The court considered the common law and First Amendment rights of public access to judicial records in evaluating the sealing motion.
- A prior court order noted the public’s right to know the substance and amount of any court-approved wrongful death settlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Seal Petition & Exhibits | Settlement is confidential; exhibits contain personal identifiers | Not stated | Granted only for redacting personal identifiers; otherwise denied |
| Public access to settlement amount & substance | Confidentiality justifies full sealing | Not stated | No justification for full sealing; public deserves access |
Key Cases Cited
- Virginia Dep't of State Police v. Washington Post, 386 F.3d 567 (4th Cir. 2004) (clarifies dual sources and limits of public access rights to court records)
- Columbus-America Discovery Group v. Atlantic Mut. Ins. Co., 203 F.3d 291 (4th Cir. 2000) (necessity of public access for scrutiny of courts)
- Ashcraft v. Conoco, Inc., 218 F.3d 288 (4th Cir. 2000) (presumption favors public access to judicial records)
- Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 178 (4th Cir. 1988) (access may be restricted only for a compelling interest, narrowly tailored)