New York Times v. Dept. of Health and Human Services

Federal Court Orders IHS to Turn Over Docs on Stanley Patrick Weber to New York Times and Wall Street Journal

Matthew L.M. Fletcher

Here are the materials in New York Times v. Dept. of Health and Human Services (S.D. N.Y.):

1 Complaint

20 US Motion for Summary Judgment

23 Newspapers Motion for Summary Judgment

26 US Reply

28 Newspapers Reply

31 DCT Order

An excerpt:

This Freedom of Information Act suit was brought by The New York Times, The Wall Street Journal and a reporter seeking to force the Indian Health Service (“IHS”) to release a report that it commissioned from a private consultant to investigate numerous acts of rape and sexual abuse committed by Stanley Patrick Weber, a former IHS pediatrician, against Native American children. IHS has taken the position that the report is protected from disclosure by a statute that affords confidentiality to reports on the “quality of medical care” — a position we reject. We also find that the report is not protected under the litigation privilege exemption of the Freedom of Information Act and thus order that it be produced.