Case No. 6:07-cv-651-Orl-19DAB.
November 13, 2007
This cause came on for consideration with oral argument on the following motion filed herein: MOTION: MOTION OF DEFENDANT, CITY OF ORLANDO, TO COMPEL PRODUCTION OF MENTAL HEALTH, DRUG AND/OR ALCOHOL TREATMENT, AND MEDICAL RECORDS FROM THE CENTER FOR DRUG FREE LIVING (Doc. No. 33) FILED: October 17, 2007 THEREON ORDERED GRANTED
Oral argument was held on November 5, 2007.
Following a November 5, 2007 hearing on the matter, Defendants filed a sealed document attaching a letter from the Center for Drug Free Living stating the Center has treatment records for Plaintiff Lafayette Walker's treatment in June 2005.
Doc. No. S-1.
Plaintiff's claims for damages for "mental anguish," as pled in the Complaint, have placed his mental health in issue. Therefore, Defendant is entitled to discover, within reason, the state of Plaintiff's mental health, and the nature of the other stressors relating to his health during June 2005, which was about two years after the incident alleged.
"Courts considering the issue have generally found that the identities of health providers, the dates of treatment, and the nature of the treatment are relevant to claims for emotional distress damages." See Merrill v. Waffle House, Inc., 227 F.R.D. 467, 471 (N.D. Tex. 2005) (citing representative cases); see also Haney v. Mizell Memorial Hosp., 744 F.2d 1467, 1476 (11th Cir. 1984) (in complaint seeking damages for future mental anguish, plaintiff's history of alcohol and drug use was relevant to his quality of life). To the extent Plaintiff has privacy concerns regarding releasing this information, such can be resolved by a confidentiality stipulation between the parties. Defendant's use of the information will be limited to this case.
DONE and ORDERED.