Judge sides with media in prison case

BOISE (AP) — A federal judge has sided with a coalition of 17 Idaho news organizations in denying a request by the state’s only private prison contractor to seal whatever it wants in a lawsuit brought by a group of inmates at the prison.

U.S. District Judge Edward Lodge issued an order Tuesday that significantly scales back a broad protection order sought by the Corrections Corporation of America, which operates the Idaho Correctional Center south of Boise.

Earlier this year, CCA attorneys sought discretion to seal a wide range of court documents, records and statements produced in a lawsuit filed by eight inmates attacked by a prison gang. The Nashville, Tenn.-based company argued the protective order was essential to hide certain information from public view for security, privacy and proprietary reasons.

A group of Idaho newspapers and one television station objected, filing a motion to intervene in the case in June urging Lodge to reject the company’s proposal because it undermines the public’s right to know and the ability of journalists to report on the ongoing lawsuit.

The coalition included The Associated Press, Idaho Statesman, The Spokesman-Review, The Times-News, KBOI-TV, Idaho Press-Tribune, Post Register, Lewiston Tribune, Moscow-Pullman Daily News, Coeur d’Alene Press, Bonner County Daily Bee, Challis Messenger, Shelley Pioneer, Jefferson Star, Pioneer News Group, Idaho Press Club and the Newspaper Association of Idaho.

In his decision, Lodge recognized the “profound public interest in access to court records.” Lodge also granted a protection order for certain documents, but his version sets specific rules and criteria for how secrecy will apply in the case.

“I am very pleased with the clarity he has brought to the situation,” said Chuck Brown, the Lewiston attorney representing the media group. “He has set forth a defined procedure that must be followed by the parties if they desire to have anything filed under seal. His opinion and the language of his order doesn’t shrink away from openness, and as a matter of fact is a significant step toward insuring openness of the judicial system.”

Steven Owen, spokesman for CCA, said the company is satisfied with the decision and protections put in place by Lodge.

“As we read the order, the judge took our concerns into account and issued an order that provides appropriate protection for the sensitive information that is included in this litigation,” Owen said.

Under the rules established by Lodge, the protective order can apply to documents related to personal information of prison guards and employees, inmate medical and criminal records, investigative material about the inmate attack and material deemed CCA trade secrets and operating policies.

But Lodge also crafted parameters for putting materials under seal that differ from those sought by CCA.

“Although the court agrees with (CCA) that a protective order should be entered in this case, it will not enter (CCA’s) proposed protective order as written,” Lodge wrote.

The ruling requires CCA to make a case to the judge for declaring any records confidential, a procedure sought by the media coalition and established in court precedent.

The lawsuit centers around the complaints of eight ICC inmates who claim chronic understaffing and mismanagement led to an attack in which they were jumped, beaten, stabbed and slashed by members of an inmate gang. CCA has denied those allegations and successfully argued that two of the inmates couldn’t sue because they didn’t take all the necessary steps to address their concerns through the prison administrative system by going to the courts.

Lodge ruled, however, that the remaining six inmates can continue with the lawsuit.