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Civil Procedure Keyed to Yeazell
Favale v. Roman Catholic Diocese of Bridgeport
Citation:
233 F.R.D. 243 (D. Conn. 2005)Facts
For 21 years, Plaintiff worked for Saint Joseph’s School as an administrative assistant. Sister Bernice Stobierski became the interim principal and subsequently the full-time principal. Plaintiff has alleged that Stobierski subjected Plaintiff to severe and repeated sexual harassment between December 2002 and June 2003 by touching her inappropriately, making sexually suggestive comments, exhibiting lewd behavior, and requesting physical affection. Plaintiff reported this conduct to her employer, the Defendant. Plaintiff sued the Defendant for sexual harassment, retaliation, defamation, intentional and negligent infliction of emotional distress, negligent hiring, and negligent supervision. During deposition, Plaintiff’s counsel asked the principal about any psychological and psychiatric illnesses she may have had as well as any related medical treatment. Counsel also asked about the principal’s alleged anger management history. Defendant objected to the requests on the grounds that the information was irrelevant and privileged. However, Plaintiff argued that the information was discoverable because Defendant negligently hired and supervised an individual who was not fit to be a school principal as she had limited experience and emotional issues that presented a risk to the school’s students and staff. Plaintiff subsequently moved to compel Stobierski to testify to any prior treatment for anger management and psychological or psychiatric conditions. Plaintiff also moved to compel the Defendant to produce any records related to any such treatment of Stobierski.
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