Wells v. Yale University
A court can order sanctions, if a party fails to disclose a doctor's medical treatment records, despite frequent requests. The defendant, Yale University, hired Brian Donnelly as a police officer. The plaintiff, Natasha Wells, sued Donnelly and Yale University, alleging excessive use of force, assault and battery, in violation of her civil rights and 42 United States Code §1983. The plaintiff obtained treatment from Dr. Celeste Mapas-Dimaya. Allegedly, the plaintiff failed to provide the defendants with the doctors' treatment records, despite frequent requests. As a sanction, the court found that the doctor's medical treatment records are not admissible. The plaintiff may not testify about her treatment. The court awarded the defendants reasonable attorneys' fees in connection with the repeated requests for production of medical records and the motion to preclude evidence. The defendants also moved to preclude the plaintiff from testifying about conversations with a social worker. Plaintiff's counsel represented that the social worker will not be called as a witness. The court granted the defendants' motion and barred the plaintiff from calling the social worker as a witness or testifying about conversations with the social worker. The court also barred the plaintiff from producing the expert opinion and medical records of Dr. David Young, unless she produces a signed report from Dr. Young that discusses the facts, his opinions and the bases for his opinions, in compliance with Federal Rule of Evidence 702, on or before Nov. 1, 2013. The plaintiff may testify as a fact witness about the defendants' alleged conduct and her medical treatment. The plaintiff may not herself offer medical opinion or hearsay testimony about medical treatment. The court ordered the plaintiff to file a copy of a police tape from the police cruiser with the clerk of the court.