340:53 Psychological evaluations of officer conducted at the behest of his employer were not privileged from discovery in federal civil suit, since they were not "confidential," being disclosed to the employer. Phelps v. Coy, 194 F.R.D. 606 (S.D. Ohio 2000).
     322:151 Plaintiff in civil rights lawsuit concerning his arrest did not impliedly waive therapist-patient privilege by including a claim for emotional distress; medical records during plaintiff's two-year confinement in mental health center after incident not discoverable. Hucko v. City of Oak Forest, 185 F.R.D. 526 (N.D. Ill. 1999).
     Editor's Note: Other cases on this issue include: Vanderbilt v. Town of Chilmark, 174 F.R.D. 225 (D. Mass. 1997) (mere assertion of emotional damage claim does not constitute a waiver of therapist-patient privilege); and three cases in which an implied waiver was found, Fox v. The Gates Corp., 179 F.R.D. 303 (D. Col. 1998), Vasconcells v. Cybex, 962 F.Supp. 701 (D. Md. 1997), and Sarko v. Penn-Del Directory Co., 170 F.R.D. 127 (E.D. Pa. 1997).
     286:147 U.S. Supreme Court adopts therapist-patient privilege protecting disclosures during therapy sessions from compelled disclosure in court; affirms ordering of new trial in which jury awarded $545,000 in police shooting case where jury was told it could presume withheld therapy records would be unfavorable to officer Jaffee v. Allen, 518 U.S. 1, 116 S.Ct. 1923, 1931 (1996).