855 F.2d 178 (4th Cir. 1988), 87-3651, Stone v. University of Maryland Medical System Corp.

Docket Nº:87-3651(A).
Citation:855 F.2d 178
Party Name:H. Harlan STONE, M.D., Plaintiff-Appellant, Frederick K. Toy, M.D.; Walter Pegoli, M.D., Intervenors, v. UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION; Mary Humphries; John Dennis; Edward Brandt, Jr.; Susan Gillette; Morton I. Rapoport, Defendants-Appellees, The Baltimore Sun Company, Intervenor.
Case Date:August 19, 1988
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
FREE EXCERPT

Page 178

855 F.2d 178 (4th Cir. 1988)

H. Harlan STONE, M.D., Plaintiff-Appellant,

Frederick K. Toy, M.D.; Walter Pegoli, M.D., Intervenors,

v.

UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION; Mary

Humphries; John Dennis; Edward Brandt, Jr.;

Susan Gillette; Morton I. Rapoport,

Defendants-Appellees,

The Baltimore Sun Company, Intervenor.

No. 87-3651(A).

United States Court of Appeals, Fourth Circuit

August 19, 1988

Argued April 4, 1988.

Page 179

Norman Roy Grutman (Jewel H. Bjork, Grutman, Miller, Greenspoon & Hendler, Henry P. Monaghan, New York City, John Philip Miller, Kaplan, Heyman, Greenberg, Engelman & Belgrad, P.A., Baltimore, Md., on brief), for plaintiff-appellant.

Diana G. Motz (Shale D. Stiller, Frank, Bernstein, Conaway & Goldman, on brief), Ralph S. Tyler, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Michael A. Anselmi, William F. Howard, Lawrence White, Asst. Attys. Gen., Baltimore, Md., on brief), for defendants-appellees.

Mary R. Craig (Doyle & Langhoff, Baltimore, Md., on brief), for intervenor.

M. King Hill, Jr. (John R. Penhallegon, Connie E. Williams, Smith, Somerville & Case, Baltimore, Md., on brief), for intervenors.

Before PHILLIPS, ERVIN, and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

In this appeal, we consider the district court's order sealing the entire record in this case. In In re Knight Publishing Co., 743 F.2d 231 (4th Cir.1984), this court established a set of procedures which must

Page 180

be followed when a district court seals judicial records or documents. The district court failed to follow these mandatory procedures in this case. Because this was prejudicial error, we remand with instructions to the district court to reconsider its decision in accordance with Knight.

I.

Dr. Harlan Stone was Chief of the Division of General Surgery and a member of the medical staff of the University of Maryland Medical System Corporation (the Hospital), as well as Professor of Surgery at the University of Maryland School of Medicine. In 1986, malpractice actions were filed against Stone, the Hospital, and several other doctors. An internal peer review committee and an external review committee investigated the situation. On June 13, 1986, Stone met with the individual defendants and resigned his positions. In November, 1986, Stone sued the Hospital, several of its officials, and several officials of the University of Maryland, claiming that he had been forced to resign his positions in violation of his right to due process.

On July 22, 1987, the parties moved jointly to seal the record in this case. In a one-sentence order issued the next day, the district court sealed the entire record, with the exception of the complaint, amended complaint and answers. No hearing was held on the motion to seal, and no reasons for the order were stated. In October, 1987, the district court granted the defendants' motion for summary judgment, and Stone appealed. The Baltimore Sun moved in this court to intervene for the limited purpose of challenging the seal order. Drs. Toy and Pegoli, members of the Hospital staff, moved to intervene to challenge the Sun's motion to unseal. Those motions were granted in January, 1988. In an opinion filed contemporaneously with this one, we have affirmed the district court's entry of summary judgment in favor of all defendants. [*...

To continue reading

FREE SIGN UP