Siegfried v. City of Easton

146 F.R.D. 98, 1992 U.S. Dist. LEXIS 19506, 1992 WL 442101
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 17, 1992
DocketCiv. A. No. 91-2880
StatusPublished
Cited by14 cases

This text of 146 F.R.D. 98 (Siegfried v. City of Easton) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siegfried v. City of Easton, 146 F.R.D. 98, 1992 U.S. Dist. LEXIS 19506, 1992 WL 442101 (E.D. Pa. 1992).

Opinion

MEMORANDUM AND ORDER

HUYETT, Senior District Judge.

This action arises under 42 U.S.C. § 1983 and involves allegations of police brutality by defendant police officers, as well as allegations of a policy, custom or practice of acquiescence and condonation by defendants City of Easton and Alvin Fairchild. In anticipation of trial, plaintiffs have filed a “Motion in Limine in the Nature of Motion to Compel” requesting the production of all documents relating to psychological or psychiatric referral, evaluation or treatment of the defendant Officer Schlegel. Defendants have opposed this motion, arguing that these psychological records are protected by the psychologist-client privilege and the executive privilege. For the reasons stated below, I shall grant plaintiffs’ motion and order defendants to produce the psychological records requested by plaintiffs and order that the records be submitted to the Court (Reading Station) for in camera inspection.

I. BACKGROUND

During the discovery phase of this matter, plaintiffs requested from defendants the City of Easton’s complete personnel file for Officer Schlegel, all citizen’s complaints made against any Easton police officer, all documents relating to any administrative complaints against Officer Schlegel for the past ten years, performance evaluations of Officer Schlegel, criminal complaints filed against Officer Schlegel, training material provided to Officer Schlegel, all correspondence between the City of Easton and any prior employers of Officer Schlegel, and any and all psychological reports regarding Officer Schlegel.

In response to these requests, defendants produced numerous documents including police training material, Officer Schlegel’s personnel file, citizen’s complaints lodged against Easton police officers, departmental evaluations of Officer Schlegel, criminal complaints filed against Officer Schlegel and all correspondence regarding communications with Officer Schlegel’s prior employers. Defendants objected to the request for the psychological records of Officer Schlegel and did not [100]*100produce any responsive documents on the grounds that such information is privileged, confidential and not properly discoverable.

Plaintiffs contend that they are entitled to review the information requested in order to determine the City’s knowledge of any violent or overly aggressive propensity of defendant Officer Schlegel.

II. DISCUSSION

A. The Psychologist-Patient Privilege

Defendants argue that the records requested by plaintiffs are protected by the psychologist-patient privilege because they contain confidential communications between a psychologist and his patient. According to defendants, the psychologist-patient privilege has long been recognized under both Pennsylvania and Federal law. In re June 1979 Allegheny County Investigation Grand Jury, 490 Pa. 143, 415 A.2d 73 (1980); Good v. Dauphin County Social Services, 891 F.2d 1087 (3d Cir.1989).

Jurisdiction in this action is based on a federal question, so the Federal Rules of Evidence govern which privileges are recognized rather than state law. Longenbach v. McGonigle, 750 F.Supp. 178 (E.D.Pa.1990). Pursuant to Federal Rule of Evidence 501, the “principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience” are to govern the privilege of a witness, person, State, or political subdivision. Fed.R.Ev. 501. Thus, I must examine the federal common law—rather than Pennsylvania law as suggested by defendants—and determine whether the federal courts have recognized a psychologist-patient privilege.

Although the Third Circuit has not squarely addressed this issue, the Court of Appeals for the Second Circuit recently has. In Doe v. Diamond, 964 F.2d 1325 (2d Cir.1992), the court surveyed the status of the psychologist-patient privilege in the federal courts and acknowledged that at least three circuits have rejected the privilege. Id. at 1328, citing In re Grand Jury Proceedings, 867 F.2d 562 (9th Cir.), cert. denied, 493 U.S. 906, 110 S.Ct. 265, 107 L.Ed.2d 214 (1989); United States v. Corona, 849 F.2d 562 (11th Cir.1988), cert. denied, 489 U.S. 1084, 109 S.Ct. 1542, 103 L.Ed.2d 846 (1989); United States v. Meagher, 531 F.2d 752 (5th Cir.), cert. denied, 429 U.S. 853, 97 S.Ct. 146, 50 L.Ed.2d 128 (1976). However, the Second Circuit declined to join these courts, and, noting the importance of the privilege and its widespread acceptance in forty nine states, the court recognized a “highly qualified” version of the privilege. Doe v. Diamond, 964 F.2d at 1328. According to the Second Circuit’s analysis, application of the privilege requires a case by case assessment of whether the evidentiary need for the psychiatric history of a witness outweighs the privacy interest at stake. Id.

The Second Circuit’s reasoning echoes the analysis in Doe v. Special Investigations Agency, Inc., 779 F.Supp. 21 (E.D.Pa.1991), in which the court ordered the production of psychological records. In Special Investigations, the court rejected plaintiffs’ contention that the federal psychologist-patient privilege should be interpreted as broadly as the state privilege. Instead, the court found that the policies underlying the Federal Rules of Civil Procedure favor the narrow construction of privileges in' order to encourage full access to information necessary to pursuing or defending against claims made in litigation. Id. at 24.

I find the reasoning of the Second Circuit in Doe v. Diamond and of the district court in Doe v. Special Investigations Agency persuasive. While a psychologist-patient privilege does exist under the federal common law, it must be narrowly construed and applied only after a balancing of the competing interests involved, mindful of the underlying federal policy in favor of full access to information.

In the instant action, the information sought by plaintiffs is highly relevant and may provide compelling evidence concerning the city’s knowledge of defendant Schlegel’s propensity toward violence. Thus, there is a significant evidentiary need for the production of this evidence. However, as discussed above, this need [101]*101must be weighed against the privacy interest of the witness.

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Bluebook (online)
146 F.R.D. 98, 1992 U.S. Dist. LEXIS 19506, 1992 WL 442101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegfried-v-city-of-easton-paed-1992.