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Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact

Loaded on Aug. 15, 2009 published in Prison Legal News August, 2009, page 42
Filed under: Medical, Medical Records, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Damages, Evidentiary Ruling, Discovery, Mandamus. Location: New York.
The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in a civil rights action. The appellate court concluded the privilege could …

 

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