Grae v. Corrections Corp. of America, No. 22-5312 (6th Cir. 2023)
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CoreCivic operates private prisons. Years ago, the company’s stockholders brought a class action alleging securities fraud. The company settled that suit, and the district court entered final judgment. Three months later, Newby claimed that the documents produced in the securities action would help establish CoreCivic’s responsibility for the death of her son in one of its prisons. The district court unsealed most, but not all, of the documents Newby sought. She appealed, but settled with CoreCivic and moved to voluntarily dismiss her appeal.
At the same time, Tardy moved to intervene in the appeal, Fed. R. Civ. P. 24(b). Like Newby, Tardy had a son who died in a CoreCivic prison. Tardy waived any claim that the denial of documents in this action hinders his ability to litigate his separate suit against CoreCivic for the death of his son and conceded that he has not suffered any adverse effects from the denial of documents. Instead, he seeks to vindicate the public’s right of access to judicial records. The Sixth Circuit denied his motion for lack of standing. To have standing, litigants must have suffered adverse effects from the denial of information.
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