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Houseknecht v. Young

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  1. Court Access

Case Number: 4:20-CV-1233

Court: U.S. District Court for the Middle District of Pennsylvania

Client: The Patriot-News/PennLive

Motion to Intervene Filed: July 31, 2023

Background: In July 2020, Eric Houseknecht, a Williamsport police officer, sued other Williamsport police officers alleging that he was wrongfully disciplined for his participation in union activities. After learning that the two parties reached a settlement agreement in June 2023, PennLive reporter John Beauge filed a request for the settlement records under Pennsylvania’s Right-to-Know Law.

The city of Williamsport denied the reporter’s request. A month later, counsel for the defendants filed a motion with the U.S. District Court for the Middle District of Pennsylvania requesting that the settlement agreement be kept confidential. The defendants did not notify PennLive of their motion.

On behalf of PennLive, Paula Knudsen Burke, the Reporters Committee’s Local Legal Initiative attorney for Pennsylvania, and attorneys from Obermayer, Rebmann, Maxwell, and Hippel LLP filed a motion asking the court for permission to intervene and block the sealing of the settlement agreement.

Quote: “[T]he entire case revolves around public employee claims of retaliation and First Amendment violations. The defendants’ counsel was paid for through the city’s insurance policy, which in turn will impact Williamsport’s future premiums. Such information strongly weighs in favor of disclosure as it implicates the ability of an informed electorate to evaluate the expenditure of taxpayer funds by its public officials. This case therefore implicates matters of significant public concern and PennLive seeks access to the settlement record to shed further light on this matter.”

Related: Reporters Committee attorneys are representing PennLive and two other Pennsylvania news outlets in a separate motion to unseal court records in an ongoing federal case related to the seizure of the cell phone of U.S. Rep. Scott Perry (R-Pa.).

Co-counsel: Attorneys Terry Mutchler and Madison Melinek of Obermayer, Rebmann, Maxwell, and Hippel LLP

Update: On Aug. 4, 2023, the district court held that the settlement agreement is not confidential. “While the Court does acknowledge that the possibility of disclosure may dissuade future litigants from resolving disputes,” Chief U.S. District Judge Matthew W. Brann wrote in his opinion, “the Court finds this risk outweighed by the public’s right to information under the RTKL.” On Aug. 10, 2023, PennLive published a story about the details of the settlement agreement. 

Filings:

2023-07-31: Motion for leave to intervene and file reply to defendants’ motion for court determination that the settlement agreement executed between all parties is confidential

2023-07-31: Memorandum of Law in support of The Patriot-News/PennLive’s motion for leave to intervene and file reply to defendants’ motion for court determination that the settlement agreement executed between all parties is confidential

2023-08-03: City of Williamsport’s memorandum of law in opposition of the motion for court determination that the settlement agreement executed between the plaintiff and defendants is confidential

2023-08-04: Memorandum opinion and order

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