965 F. Supp. 2d 1055
N.D. Iowa2013Background
- Plaintiff Nicole A. Clay sues Woodbury County and officials for Fourth Amendment violations and First Amendment retaliation related to a jail strip search and related searches, with a jury demand.
- Clay previously disclosed therapy records with Albert Okine, PA-C, and signed a release to allow defendants to obtain records.
- Clay identified Okine as a treating provider and designated him as an expert to testify about emotional injuries from the incident.
- After Clay’s deposition, defendants sought to depose Okine; Clay stated she would not seek emotional damages beyond physical injuries.
- The court analyzes Iowa physician-patient privilege, the patient-litigant exception, and potential waiver, and ultimately denies the motion to quash the subpoena and permits Okine’s deposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether physician-patient privilege blocks Okine deposition | Clay’s emotional-injury claim makes Okine’s testimony irrelevant. | The patient-litigant exception permits discovery of Okine’s testimony. | The exception remains applicable; Okine may be deposed. |
| Whether Clay waived the physician-patient privilege | Clay did not intend to rely on Okine at trial for emotional damages. | Disclosures and waivers foreclose the privilege. | Clay waived the privilege due to prior disclosures and testimony. |
| Whether allowed waiver changes by limit on damages dissolves the exception | Limiting damages should dissolve the exception. | Waiver is not cured by partial limitation; the exception persists. | Waiver cannot reinstate the privilege; the exception maintains, permitting deposition. |
Key Cases Cited
- Cimijotti v. Paulsen, 219 F.Supp. 621 (N.D. Iowa 1963) (statutory physician-patient privilege under Iowa law)
- Ashenfelter v. Mulligan, 792 N.W.2d 665 (Iowa 2010) (patient-litigant exception requires emotional condition as element or factor)
- Chung v. Legacy Corp., 548 N.W.2d 147 (Iowa 1996) (opponent cannot turn patient’s medical records into issue; implication for privilege)
- Hutchinson, In re Marriage of Hutchinson, 588 N.W.2d 442 (Iowa 1999) (purpose of patient-litigant exception to avoid misuse of privilege)
- Demaray, 704 N.W.2d 60 (Iowa 2005) (waiver by consent or disclosure of privileged information)
- Miller v. Continental Ins. Co., 392 N.W.2d 500 (Iowa 1986) (voluntary disclosure constitutes waiver as to communications on same subject)