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Court won’t seal evidence in Spierer civil suit

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Evidence in the federal civil suit against the last people believed to have seen missing Indiana University student Lauren Spierer may not be covered by a broad order shielding exhibits and testimony from public view.

Spierer was 20 and a freshman on the IU Bloomington campus when she disappeared in June 2011. No arrests have been made, but Spierer’s parents sued the three men believed to have last seen her after a night of drinking and partying.

Robert and Mary Spierer in January asked Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana to grant a protective order that would have broadly granted sealed discovery. The Spierers’ motion said a protective order was necessary “to protect the public disclosure of private and sensitive information that could detrimentally affect the ongoing criminal investigation and ensure an impartial jury at trial.”

Magistrate Tim Baker denied the motion Wednesday, writing the request was overbroad and failed to meet 7th Circuit standards. 

“The Court will not grant carte blanche to seal such material by way of an approved protective order,” Baker wrote, “and any subsequent motion seeking to seal any part of the record will be strictly scrutinized.”

The suit is Robert Evan Spierer and Mary Charlene Spierer v. Corey Rossman, Jason Isaac Rosenbaum and Michael B. Beth, 1:13-CV-00991-TWP-TAB. Pratt in December dismissed Beth from the suit and also dismissed negligence claims against Rosenbaum and Rossman. But she let stand negligence per say and dram shop liability claims against Rosenbaum and Rossman.

“Whether or not these claims can survive summary judgment is a matter for another day,” Pratt wrote in December.
 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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