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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
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 …
Filed under:
Medical,
Medical Records,
Administrative Exhaustion (PLRA),
Guard Brutality/Beatings,
Damages,
Evidentiary Ruling,
Discovery,
Mandamus.
Location:
New York.
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More from this issue:
- Judge Not: Judges Benched for Personal Misconduct
- From the Editor, by Paul Wright
- FedCURE Entitled to Fee Waiver for FOIA Request, by Brandon Sample
- Violence on the Rise in BOP Facilities, by Brandon Sample
- Judge Sonia Sotomayor Denied My Appeal and I Spent 16 Years in Prison for a Crime I Didn’t Commit, by Jeffrey Deskovic
- Oregon Prosecutes Teen to Avoid Liability; Bizarre 2 1/2 Year Legal Battle Ends, by Mark Wilson
- A Bridge Between The Ivy League And The Jailhouse: An Interview with Brett Dignam, Clinical Professor of Law and Supervising Attorney at Yale Law School, by Todd Matthews
- Florida’s Private Prisons Still Lack Meaningful Oversight, by David Reutter
- Motions to Oust California Prison System’s Federal Healthcare Receiver Denied, by John Dannenberg
- 15 Guards Charged with Assaulting Maryland Prisoners, by David Reutter
- Oregon’s Criminal Justice Economic Recovery Plan: Keep Digging!, by Mark Wilson
- Indiana Lifelong Violent Offender Registration Preliminary Injunction Upheld in Part
- $1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced
- Report Recommends Lawmakers Reinstate College Programs in Prison, by David Reutter
- Report Concludes Hispanics Receiving a Greater Share of Federal Sentences, by David Reutter
- Improper Classification that Resulted in Seattle Jail Beating Settles for $37,500
- Jailhouse Lawyers: Prisoners Defending Prisoners v. The U.S.A., by Mumia Abu-Jamal, Published by City Lights Publishers, ISBN 978-0-8728646-9-6; 286 Pages; $16.95, by Gary Hunter
- Reopened Abu Ghraib Prison Haunted by its Past
- $10,000 Settlement for Bunk Bed Railing Hitting Prisoner
- $2.1 Million Award in California Prisoner’s Choking Death
- Poaching Boast Lands Oregon Prison Guard in Hot Water; Pulls State Trooper Father Down with Him, by Mark Wilson
- Utah Evaluates Drug Program Pilot; Recommends Further Evaluation, by David Reutter
- $100,000 Settlement in Illegal Imprisonment Caused by Massachusetts’ Failure to Implement Court Order, by David Reutter
- Vermont Supreme Court: “Nutraloaf” Diet Is Punishment that Requires Hearing
- Ohio Parole Authority Ordered to Grant Hearings that Provide Meaningful Parole Consideration, by David Reutter
- $250,000 Award in Mississippi False Imprisonment Suit
- Vendor Crushed by Seattle Jail Door Receives $43,525 for Injuries
- Study Shows Few Texas Prisoners Transition Well to Community HIV Treatment
- Highest Criminal Appeals Judge in Texas Faces Removal Hearing
- Audit Report Finds Michigan Prisoner Transportation System Wasteful, by David Reutter
- Seventh Circuit Reverses Dismissal of Suit Alleging Excessive Force, Retaliation and Inadequate Medical Care; Settles for $15,000
- Seventh Circuit Vacates Dismissal for Failure to Prosecute; $50,000 + Fees Awarded Following Remand
- Illinois Court of Appeals: Prisoner Has Standing to Sue Ameritech for Fraud
- AZ Sheriff Joe Arpaio Loses Three Public Records Cases
- Colorado Florists Decry Prison Retail Flower Business, by David Reutter
- Missouri Public Defenders Not Immune from Client Suits
- OK Prisoners Released from Custody Despite Deportation Detainers
- Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment
- Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster, by John Dannenberg
- Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact
- Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial
- Fifth Circuit Reinstates Prisoner’s Environmental Tobacco Smoke Suit, by Matthew Clarke
- Federal Prison Guards’ Convictions Affirmed in Sex Scandal, by David Reutter
- $150,000 Settlement In Missouri Jail Suicide Suit
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- Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights, by John Dannenberg
- Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA
- Eleventh Circuit Reverses Dismissal of Challenge to Florida DOC Ban on Pen Pal Requests
- Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling
- Ohio Supreme Court Rules Sex Offender Residency Restrictions Not Retroactive, by Matthew Clarke
- Denial of Bedding, Clothes to Florida Prisoner States Claim
- News in Brief:
- Alabama Raises Rates Charged for Prisoner Labor
- District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement
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- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026. Summary Judgment, Discovery, Abuse of Discretion Standard.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026. Disclosure of Records, Discovery, Public Records, State Legislation, Method of Execution.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.

