A military judge cannot be blocked from releasing portions of mental health records of a civilian victim of a sexual assault, a federal appeals court has ruled, applying sovereign immunity to the judge.

The judge, Marine Lt.  Col. Eugene Robinson, cannot be sued for ruling that the records at issue could be released to the criminal defendant—even though that might not have been the right call, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit said.