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Flowers v. Owens

Citations: 274 F.R.D. 218; 2011 U.S. Dist. LEXIS 43077; 2011 WL 1547142Docket: No. 09 C 2716

Court: District Court, N.D. Illinois; April 21, 2011; Federal District Court

Narrative Opinion Summary

This case involves a plaintiff, Mr. Flowers, who filed a lawsuit under 42 U.S.C. § 1983, alleging an assault occurred while he was in custody at the Will County Correctional Facility. He seeks compensatory and punitive damages for physical and emotional injuries, claiming 'garden variety' emotional distress. The core legal issue revolves around the psychotherapist-patient privilege and whether Mr. Flowers' emotional distress claims waive this privilege, allowing defendants access to his mental health records. During discovery, a dispute arose about the scope of emotional damages, with Mr. Flowers asserting that his fears of law enforcement retaliation do not exceed 'garden variety' distress, while the defendants argue they suggest a more severe psychological condition. The court must determine if Mr. Flowers' claims allow for the discovery of his mental health records, as his testimony indicates symptoms suggestive of agoraphobia or PTSD. The motion for a protective order to prevent this discovery was denied, as the plaintiff has not shown sufficient grounds. The court emphasizes the necessity of clearly articulating emotional distress claims to maintain the psychotherapist-patient privilege. Ultimately, the decision highlights the tension between privacy in mental health treatment and the need for defendants to investigate claimed emotional harms in litigation.

Legal Issues Addressed

Discovery of Mental Health Records

Application: The defendants sought access to Mr. Flowers' mental health records, arguing that his emotional distress claims exceed 'garden variety' damages.

Reasoning: The Motion requests the return of mental health records obtained by the defendants during discovery and addresses whether Mr. Flowers' trial testimony regarding his 'distrust of police and correctional officers' constitutes garden variety emotional damages.

Fairness and Waiver of Privilege

Application: The court discusses fairness in allowing defendants to explore other causes of emotional distress if a plaintiff claims it.

Reasoning: Waiver is justified on fairness grounds, as parties should not introduce psychological issues and simultaneously shield related information from discovery.

Garden Variety Emotional Distress Claims

Application: Mr. Flowers' claim is categorized as 'garden variety' emotional distress, which does not typically waive the psychotherapist-patient privilege.

Reasoning: Most courts, following Jaffee, agree that claims of 'garden variety' emotional damage do not waive the psychotherapist/patient privilege.

Psychotherapist-Patient Privilege under Federal Common Law

Application: The case examines Mr. Flowers' attempt to limit the discovery of his mental health records by invoking the psychotherapist-patient privilege.

Reasoning: The document further discusses the federal common law psychotherapist-patient privilege, which protects confidential communications made during therapy.

Waiver of Psychotherapist-Patient Privilege

Application: Mr. Flowers' claim for emotional distress damages potentially waives the psychotherapist-patient privilege, allowing discovery of therapy records.

Reasoning: Courts have consistently ruled that seeking emotional distress damages can result in a waiver of this privilege, allowing for the discovery of therapy records.