Stacey Gerardi, in her capacity as Personal Representative of the Estate of Stephanie Gerardi, Deanna Gerardi, and Two Minors v. Police Officers Sean Murphy, David Harris, Domenic Montano, The Saugus Police Department, Police Chief Michael Ricciardelli, and Town of Saugus

Summary

The court granted in part defendants’ motion to compel production of Deanna Gerardi’s unredacted psychotherapy records in a civil rights and negligent infliction of emotional distress action arising from the police shooting of Stephanie Gerardi. The court held that Deanna had not generally waived the psychotherapist-patient privilege by asserting emotional distress, but that plaintiffs’ intentional partial disclosure waived the privilege as to relevant portions concerning substance abuse and tobacco use. References concerning an unrelated traumatic childhood event were deemed irrelevant and were not required to be disclosed.

Holdings

1. Deanna did not waive the psychotherapist-patient privilege merely by asserting negligent infliction of emotional distress and alleging emotional distress and psychological trauma because she disclaimed a clinical diagnosis and expert psychiatric testimony.
2. Plaintiffs intentionally waived the psychotherapist-patient privilege as to the unredacted portions of the psychotherapy communications disclosed to Defendants, and the privilege analysis for the redacted portions is governed by whether they concern the same subject matter and fairness requires that they be considered together.
3. The redacted references to a traumatic childhood event were irrelevant and need not be disclosed, but the references concerning substance abuse, including tobacco usage, were relevant, particularly to damages, and had to be disclosed.

Questions Presented

1. Whether Deanna Gerardi waived the psychotherapist-patient privilege by asserting negligent infliction of emotional distress and allegations of emotional distress and psychological trauma.
2. Whether Plaintiffs' intentional partial disclosure of psychotherapy records waived the privilege as to the redacted portions of the same communications.
3. Whether the redacted records concerning a traumatic childhood event and substance abuse were relevant and should be produced.

Disposition

other