Heilman v. Waldron

287 F.R.D. 467, 2012 WL 4794320, 2012 U.S. Dist. LEXIS 145285
CourtDistrict Court, D. Minnesota
DecidedOctober 9, 2012
DocketCivil No. 11-1930 (JRT/SER)
StatusPublished
Cited by20 cases

This text of 287 F.R.D. 467 (Heilman v. Waldron) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heilman v. Waldron, 287 F.R.D. 467, 2012 WL 4794320, 2012 U.S. Dist. LEXIS 145285 (mnd 2012).

Opinion

MEMORANDUM OPINION AND ORDER ON MAGISTRATE JUDGE’S MAY 21, 2012 ORDER

JOHN R. TUNHEIM, District Judge.

Plaintiff Mark Heilman brings this wrongful death action on behalf of the next of kin of Tyler Heilman. Defendant Todd Waldron (“Waldron”), a La Sueur County Sheriffs Department Investigator, shot and killed Tyler Heilman (“Heilman”) on July 20, 2009. Plaintiff requested discovery regarding Wal-dron’s medical and mental health treatment. Defendants objected to certain interrogatories and a request for production by Plaintiff on the grounds that they called for irrelevant and privileged information. On May 21, 2012, United States Magistrate Judge Steven [470]*470E. Rau issued an order granting Plaintiffs requests for discovery, including responses to Interrogatories 17, 18, 22, and 23, as well as Request for Production 19, all relating to Waldron’s medical and mental health communications and records. Before the Court are Defendants’ objections to the May 21, 2012 order. Because some information about Waldron’s medical history related to his physical condition is relevant and there is no federal physician-patient privilege, the Court will partially affirm the order of the Magistrate Judge. The Court will limit Plaintiffs discovery to medical information relevant to this action, however. Because there is insufficient evidence currently before this Court to find that Waldron waived his psychotherapist-patient privilege, the Court will sustain Defendants’ objection and modify the order of the Magistrate Judge with regard to Wal-dron’s communications with mental health providers. The Court will, however, review in camera certain mental health records to determine if they are privileged.

BACKGROUND

1. JULY 20, 2009 SHOOTING

On July 20, 2009, Waldron shot and killed Heilman. Heilman’s father brings a wrongful death action under Minn.Stat. § 573.02. There are six counts in this action: a claim of unreasonable use of deadly force against Waldron under the Fourth Amendment to the United States Constitution and 42 U.S.C. § 1983, a claim for punitive damages under federal law against Waldron, a municipal liability claim against Le Sueur County for inadequately training and supervising officers like Waldron, assault and battery claims against Waldron, and a vicarious liability claim against Le Sueur County for the assault and battery.

The parties agree on the basic overview of what occurred on the afternoon of July 20. Heilman and Waldron had an altercation in the parking lot outside an apartment complex in Kasota, Minnesota. (See Compl. ¶¶ 13, 24-29, July 15, 2011, Docket No. 1; Ans. ¶ 6, Aug. 8, 2011, Docket No. 4.) Following a physical struggle, Waldron fatally shot Heil-man approximately four times. (See Compl. ¶¶ 27-35; Ans. ¶ 6.)

The parties paint starkly different accounts of who was responsible for the shooting, however. Plaintiff contends that Wal-dron was angry and unreasonable1 when he approached Heilman and that Heilman did not know Waldron was a police officer. One witness testified that Waldron was “acting crazy ... He was like sprinting up to Tyler [Heilman] screaming at hi m, like it was hard to even understand him. His face was like beet red.” (Micko Deck, Ex. 6 at 40.) Witnesses also allege that Waldron did not identify himself as an officer until after Heilman’s death. (See id., Ex. 4 at 23, Ex. 5 at 33, Ex. 6 at 37-38, 40-41, Ex. 14 at 36.) At least one eyewitness claims that, after a physical struggle between Heilman and Waldron, Heilman put up his hands, said something to the effect of “I’m done,” and began backing away before Waldron needlessly shot him. (See id., Ex. 6 at 42.)

Defendants present a very different account. Defendants allege that Waldron spoke calmly to Heilman at the apartment complex, informing Heilman that he had been driving recklessly and asking to see Heilman’s license. (See Ans. ¶ 6; Micko Deck, Ex. 1 at 3, 5.) Waldron acknowledges that he did not affirmatively state that he was a police officer, but claims the badge on his hip should have indicated to Heilman that he was an officer. (See Micko Deck, Ex. 1 at 5.) According to Defendants, Heilman was the aggressor and choked Waldron, forcing Waldron to fire his gun in self-defense. (See Ans. ¶ 6.)

II. DISCOVERY DISPUTE

A. Medical History Regarding Physical Condition

After bringing this action, Plaintiff served discovery requests upon Defendants. One discovery dispute before the Court concerns [471]*471requests regarding Waldron’s medical history and records related to his physical condition. This dispute surrounds Interrogatories 17 and 18 in Plaintiff’s first set of Interrogatories, which read as follows:

Interrogatory No. 17. Defendant Todd Waldron, identify by name and address all medical doctors, clinics, and/or hospitals where you have received treatment of any kind during the past 5 years and for each such medical provider identified provide a the date s) [sic] of service and describe the reason you sought treatment.
Interroyatory No. 18. Defendant Todd Waldron, state whether during the past 5 years you have been treated by a Doctor of Chiropractic or Osteopathic Physician for any condition and if so, provide the name and address for each such provider along with a description of the treatment and the reasons you required such treatment.

(See Micko Deck, Ex. 2 at 9-13.)

Defendants also objected to Interrogatory 23 in Plaintiffs second set of Interrogatories and Request for Production 19, which state:

Interrogatory No. 23. Defendant Todd Waldron, identify by name and address all medical providers, clinics, psychiatrist [sic], psychologists, counselors, and/or therapists of any kind from whom you have received treatment during the past 10 years and for each such medical provider identified provide the dates of service and describe the reason you sought treatment.

(Aff. of Stephanie A. Angolkar ¶ 6, Ex. 3 at 2-3, May 4, 2012, Docket No. 30.)

Request No. 19. Signed authorizations to examine Defendant Todd Waldron’s medical, psychological, counseling, and therapeutic records, including records pertaining to treatment for substance abuse, for all providers listed in response to Plaintiffs Interrogatories No. 17 and 23. Forms are provided.

(Id., Ex. 4 at 2-3.)

B. Mental Health History

In addition to seeking information about Waldron’s physical condition, Plaintiff requested information relating to Waldron’s mental health. Plaintiffs first set of Interrogatories to Defendant included a request for information about any counseling in which Waldron may have participated:

Interrogatory No. 22. Defendant Todd Waldron, state whether you have ever participated in individual, group or marriage/couples counseling during the past 5 years. If so, identify the name of your counselor or therapist.

(Id., Ex. 1 at 5.) Also, Interrogatory 23 and Request for Production 19, discussed above, seek information about Waldron’s psychiatrists, psychologists, counselors, and/or therapists in addition to other medical providers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
287 F.R.D. 467, 2012 WL 4794320, 2012 U.S. Dist. LEXIS 145285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heilman-v-waldron-mnd-2012.