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Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena

U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania.

The plaintiffs served a subpoena on the defendants for copies of medical records related to an outbreak of MRSA at the facility. The defendants refused to comply with the subpoena invoking the so-called self-analysis privilege.

The plaintiffs moved to enforce the subpoena and the court granted the plaintiffs’ motion. The court found the defendants’ assertion of the self-analysis privilege to be “frivolous.” Further, the court warned defendants’ counsel that future frivolous attempts to impede discovery would result in sanctions. See: Inmates of the Bucks County Correctional Facility v. County of Bucks, USDC, E.D. Penn., No. 2:02-cv-07377-RB (March 14, 2003).

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Related legal case

Inmates of the Bucks County Correctional Facility v. County of Bucks

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