United States v. Pickard
2013 U.S. App. LEXIS 22436
| 10th Cir. | 2013Background
- Pickard and Apperson appeal the district court's denial of their motion to unseal the DEA confidential informant file on Skinner.
- The DEA file was sealed during Skinner's involvement and trial; Skinner testified against the defendants.
- Defendants seek unsealing to use the information in ongoing FOIA litigation and other proceedings.
- The district court acknowledged some information had been public but still denied unsealing.
- The court applied sealing burdens incorrectly and did not assess redaction as an alternative to full unsealing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing and mootness to pursue unsealing | Defendants have concrete injury from sealed records. | Motion to unseal is not moot and they have standing to seek unsealing. | Yes; Defendants have standing and the motion is not moot. |
| Presumption of access and government burden | Presumption of public access applies; government must articulate a significant interest. | District court improperly placed burden on Defendants to show need for unsealing. | District court erred by failing to apply presumption and by not requiring the government to articulate a significant interest. |
| Redaction as alternative to full unsealing | Redacting sensitive material could satisfy government interests and permit unsealing. | Redaction was not adequately considered by the district court. | District court failed to consider redacting; remand to evaluate redacted unsealing. |
Key Cases Cited
- Colony Ins. Co. v. Burke, 698 F.3d 1222 (10th Cir. 2012) (strong presumption of public access; burden on sealing party)
- United Nuclear Corp. v. Cranford Ins. Co., 905 F.2d 1424 (10th Cir. 1990) (court retains authority to enforce or loosen sealing orders)
- Gambale v. Deutsche Bank AG, 377 F.3d 133 (2d Cir. 2004) (secrecy burdens and public access considerations in sealed records)
- Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006) (presumption of access; burden on sealing party)
- Mann v. Boatwright, 477 F.3d 1140 (10th Cir. 2007) (public access favored in judicial records where appropriate)