Lefler v. Illinois et al
| Joshua Paul Lefler |
| State of Illinois, County of Franklin, Franklin County Sheriff's Office, Village of North City, James Allen, Bryce Shaffer and Paul Uraski |
| 3:2023cv00748 |
| February 28, 2023 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| David W Dugan |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| None |
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| Filing 11 SUPPLEMENT by Joshua Paul Lefler. Supplement to #2 Complaint. (aza) |
| Filing 10 Sealed Supplement re #2 Complaint. (kdw) |
Filing 9
On February 28, 2023, Plaintiff Joshua Paul Leflar, proceeding pro se, filed the instant lawsuit against the State of Illinois and various city and county officials. Plaintiff claims he was assaulted by the Mayor of Coello and that law enforcement officials failed to provide him with medical care. He seeks medical expenses for the rest of his life. In connection with these claims, Plaintiff filed a list of the medications he takes, as well as a list of his medical care dating as far back as 2002. Presently, Plaintiff has filed a motion to seal or recall the attached medical records. for Before sealing any part of the record, the court must make a determination of good cause. Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 944 (7th Cir. 1999). The decision to seal may not be delegated to Plaintiff to seal whatever portions of the record he wants to seal. Id. "The parties to a lawsuit are not the only people who have a legitimate interest in the record compiled in a legal proceeding." Id. In the instant case, Plaintiff has placed his medical condition at issue in this lawsuit. However, at this early stage of the litigation, the Court cannot determine what, if any, of the attached medical records are relevant to this dispute. Given Plaintiff's pro se status, and the potential that the attached medical records, many of which may not be relevant to this lawsuit, could harm Plaintiff's privacy interests, the Court will GRANT the motion to seal. This does not mean, however, that the information contained in the records will not be disclosed. To the extent that the information from the medical records is incorporated into other documents filed by the parties or orders issued by this court, that information is relevant to the issues raised in the case and should be available to the public. See Union Oil Co. of Calif. v. Leavell, 220 F.3d 562, 568 (7th Cir. 2000) ("People who want secrecy should opt for arbitration. When they call on the courts, they must accept the openness that goes with subsidized dispute resolution by public (and publicly accountable) officials. Judicial proceedings are public rather than private property,... and the third-party effects that justify the subsidy of the judicial system also justify making records and decisions as open as possible.") (internal citations omitted). The Court DIRECTS the Clerk as follows: The pleading at Doc. 2, in its current form, shall be removed from the docket. The Clerk shall then file pages 1-11 and 21 as the Complaint and it shall be a publicly available document. The Clerk shall then file pages 12-20 of the pleading (Plaintiff's medical records) as a sealed supplement to the Complaint. Signed by Judge David W. Dugan on 3/20/2023. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 257 and 341, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge David W. Dugan for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 23-748-DWD. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 MOTION to Seal/Recall Documents by Joshua Paul Lefler. (aza) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (aza) |
| Filing 5 MOTION for Service of Process at Government Expense by Joshua Paul Lefler. (aza) |
| Filing 4 MOTION for Recruitment of Counsel by Joshua Paul Lefler. (aza) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Joshua Paul Lefler. (aza) |
| Filing 2 COMPLAINT against All Defendants, filed by Joshua Paul Lefler.(aza) (kdw). (Additional attachment(s) added on 3/21/2023: #1 Exhibit Certificate) (kdw). |
| Filing 1 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Orders 257 and 341. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Joshua Paul Lefler. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-748. Refer to the pro se litigant guide, found on the ILSD website, for further information. Consent due by 3/21/2023 (aza) |
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