Opinion

Heggie v. Southern Health Partners

Court
District Court, M.D. Tennessee
Filed
Jun 22, 2022
Cited by
0 cases
Authority
More cited than 29.7%

The opinion

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

BILLY RAY HEGGIE,

Plaintiff, Case No. 3:21-cv-00056

v. Chief Judge Waverly D. Crenshaw, Jr.

Magistrate Judge Alistair E. Newbern

SOUTHERN HEALTH PARTNERS et al.,

Defendants.

MEMORANDUM ORDER

This civil rights action brought under 42 U.S.C. § 1983 arises from the pretrial detention

of pro se Plaintiff Billy Ray Heggie at the Dickson County Jail in Charlotte, Tennessee. (Doc.

No. 20.) Heggie alleges that he told jail officials that he had cancer on his left temple, two cracked

vertebrae in his back, neuropathy, Hepatitis C, and that his nose ran when he ate, but that jail

officials denied him medical treatment and told Heggie to have his family cancel his scheduled

surgeries. (Id.) Heggie further alleges that he has experienced severe pain, loss of sight in his left

eye, and loss of hearing in his left ear and brings claims for monetary damages against

Defendants Dickson County, Tennessee; Southern Health Partners; and against Nurses Kim Judy,

Leah Hodges, and Crystal Chappell; and Nurse Practitioner Barry Trent Dority in their individual

capacities. (Id.)

The defendants have moved for summary judgment (Doc. No. 49) and filed a motion for

leave to file exhibits to their motion for summary judgment under seal (Doc. No. 50). The

defendants state that they intend to file Heggie’s medical records as an exhibit to their motion for

summary judgment, and that those records should be sealed because they “contain confidential

medical information . . . that should not be accessible to the general public.” (Id. at PageID# 199,

¶ 3.) Heggie has not responded to the motion to seal.

“The public has a strong interest in obtaining the information contained in the court

record[,]” and there is “a ‘strong presumption’” that court records be open. Shane Grp. v. Blue

Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir. 2016) (alteration omitted) (quoting Brown

& Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179–80 (6th Cir. 1983)). This

presumption of openness rest on the idea that, among other things, “the public is entitled to assess

for itself the merits of judicial decisions” and has a strong interest in viewing the evidence and

arguments on which courts base those decisions. Id. A party seeking to seal court documents

therefore bears a heavy burden: “Only the most compelling reasons can justify non-disclosure of

judicial records.” Id. (quoting In re Knoxville News-Sentinel Co., 723 F.2d 470, 476 (6th Cir.

1983)). In general, “only trade secrets, information covered by a recognized privilege (such as the

attorney-client privilege), and information required by statute to be maintained in confidence is

typically enough to overcome the presumption of public access.” M.D. Tenn. R. 5.03(a) (contents

of motion to seal). The party seeking to seal all or part of a record “must ‘analyze in detail,

document by document, the propriety of secrecy, providing reasons and legal citations.’” Shane

Grp., 825 F.3d at 305–06 (quoting Baxter Int’l, Inc. v. Abbott Lab’ys, 297 F.3d 544, 548 (7th Cir.

2002)); see also M.D. Tenn. R. 5.03(a) (requiring that motions to seal “specifically analyz[e] in

detail, document by document, the propriety of secrecy, providing factual support and legal

citations”).

The Court finds that the defendants’ reference to private information in Heggie’s medical

records is not enough to justify sealing the presumptively public court records at issue here. Cf.

Tysons v. Regency Nursing, LLC, No. 3:17-CV-91, 2018 WL 632063, at *1 (W.D. Ky. Jan. 30,

2018) (finding that “‘a mere reference to HIPAA does not mean that the Court should automatically

grant [defendant’s] motion to seal”). Heggie placed his medical condition at issue by filing this

action alleging that the defendants violated his constitutional rights by denying him medical

treatment. (Doc. No. 20.) Courts in this circuit recognize that “plaintiffs who place their medical

condition at issue waive any applicable privileges or statutory protections that their medical

records would have otherwise had.” Tyson, 2018 WL 632063, at *1; see also Kitchen v. Corizon

Health, Inc., No. 1:16-cv-190, 2017 WL 5197115, at *2 n.3 (W.D. Mich. Nov. 10, 2017)

(‘Prisoners claiming deliberate indifference to serious medical needs place their medical condition

and the medical care that they have received directly at issue and thereby waive whatever

privileges or statutory protection the medical records may have previously enjoyed under

HIPAA.”), rev'd in part on other grounds sub nom. Kitchen vy. Snyder, No. 20-1936, 2021 WL

4470032 (6th Cir. June 23, 2021); Mathews v. Guardian Life Ins. Co. of Am., No. 1:98-CV-00106,

2014 WL 1681693, at *1 (N.D. Ohio Apr. 28, 2014) (denying motion to seal and finding that

plaintiff “waived any right to confidentiality of her medical records when she made her medical

condition and diagnoses at issue”).

Accordingly, the defendants’ motion to file Heggie’s medical records under seal (Doc.

No. 50) is DENIED.

It is so ORDERED.

aligtory noleeir

ALIS E. NEWBERN

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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