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Second Circuit Review: Standard for Waiver of Psychotherapist-Patient Privilege
August 27, 2008 Full PDF
Litigation partners Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the August 27 issue of the New York Law Journal. The article discusses In re Sims, and other cases, in which the U.S. Court of Appeals for the Second Circuit addressed the issue of waiver of privilege in the context of psychotherapist-patient relationship. In Sims, the court held that the district court abused its discretion in ordering disclosure of a prisoner's mental health records in a civil lawsuit brought against correction officers for use of excessive force. The court made it clear that where a plaintiff does not seek to put his mental state at issue or introduce any evidence of his emotional state, the interests of fairness do not require waiver of the privilege. Litigation associate Julie Romm assisted in the preparation of this article.