treatment. Plaintiff moves to redact the subpoena - in effect, for a protective order.
Plaintiff was employed by Glen-Gery Brick from October 1, 1984 to November 5, 1985. The complaint alleges that during this period she was sexually harassed by her supervisor, defendant Clyde Thomas Raezer. Plaintiff brought this action against her employer and Raezer claiming a violation of Title VII of the Civil Rights Act together with intentional and negligent infliction of emotional distress. The tort counts demand compensatory and punitive damages.
From September 25, 1985 to November 1986, plaintiff attended weekly psychotherapy sessions. Her psychiatrist's notes of plaintiff's communications consist of some 200 entries, seven of which, plaintiff asserts, should be protected from disclosure. Plaintiff contends that, if disclosed, these entries would be misleading, highly prejudicial and embarrassing to plaintiff and to persons not party to the lawsuit.
Plaintiff's objections to disclosure are based on: (1) Pennsylvania statutory privilege; (2) a constitutional right, both federal and state, to privacy; (3) relevance; and (4) Fed.R.Evid.P. 403 - probative value substantially outweighed by danger of unfair prejudice.
The Pennsylvania physician-patient privilege, 42 Pa. C.S.A. § 5929 (Purdon 1982), provides:
No physician shall be allowed, in any civil matter, to disclose any information which he acquired in attending the patient in a professional capacity, and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient, without consent of said patient, except in civil matters brought by such patient, for damages on account of personal injuries. (Emphasis added.)