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Wetzel v. Brown

United States District Court, D. North Dakota, Southwestern Division

February 21, 2014

Joel Henry Wetzel, Plaintiff,
v.
Daniel Brown, Brian Koskovich, Jeremy Moser, and Corey Lee, Defendants.

ORDER

CHARLES S. MILLER, Jr., Magistrate Judge.

Before the court is a "Motion to Compel Discovery and for Order for Release of Plaintiff's Medical Records" filed by defendants on July 15, 2013. For the reasons set forth below, the motion is granted.

I. BACKGROUND

This action arises out of an incident that occurred on July 8, 2008. According to Wetzel, defendants shot him multiple times in the back without provocation after conspiring to kill him. Defendants dispute Wetzel's account, averring that the evidence they present at trial will establish: (1) Wetzel discharged a firearm in a residence, injuring an occupant of the residence; (2) shortly thereafter three officers from the Dickinson Police Department-Defendants Brown, Koskovich, and Moser-arrived on the scene and ordered Wetzel to drop his firearm; and (3) Brown shot Wetzel once with a shotgun only after Wetzel raised his firearm toward Moser.

On July 15, 2013, defendants filed a motion for a court order compelling Wetzel to supplement what they deem to be his deficient responses to their discovery requests and provide them with additional medical records. Defendants' discovery requests and Wetzel's responses to them are reproduced below:

INTERROGATORY NO. 8: State each and every date on which you visited any medical practitioner, hospital, clinic, or other institution for examination or treatment with respect to any injury, illness or disability which you claim to have sustained or suffered as a result of the subject incident and, with respect to any hospital, clinic or other institution in which you were confined as an inpatient, state the period of confinement.
WETZEL'S RESPONSE TO INTERROGATORY NO. 8:
8)(a) I have released all of my Medical Records to the Defendant that I will be using in this case. You have the copies.
(b) I object to the request as the rest of my Medical Records are privileged: Doctor-Patient, Psychotherapist-Patient.
(c) The Defense attorneys have over six hundred pages of the medical records I have released, if they want each date, time, place, examination, or treatment that relates to the injuries, illnesses, and disabilities they are welcome to look them up from the above records released, as it is over burden some, over bearing some, and unreasonable to expect the Plaintiff to do the Defense Attorneys work for them. I object to this request for the above reasons.
INTERROGATORY NO. 9: List the name and address of each medical practitioner or other person or hospital, clinic, doctor, nurse practitioner, therapist, sanitarium, rest home or other institution visited by plaintiff Joel Wetzel, on in which he was confined for the purpose of consultation, diagnosis, x-rays, treatment, or other care, specifying the dates of such visits or the period of time of such confinements during the last twenty (20) years.
WETZEL'S RESPONSE TO INTERROGATORY NO. 9:
9) I object to this request as it is Privileged: Doctor-Patient, Psychotherapist-Patient Information. It is also overbearing, over burdensome and unreasonable.
INTERROGATORY NO. 10: List the name and address of each counselor, psychologist, psychiatrist, therapist, and/or other mental health professional seen and/or visited by plaintiff Joel Wetzel at anytime for any reason during the last twenty (20) years.
WETZEL'S RESPONSE TO INTERROGATORY NO. 10:
10)(a) I object to this request it is Privileged: Doctor-Patient Psychotherapist Information.
(b) Plaintiff sent the State Hospital Evaluation Reports. I also sent you the V.A. Combat P.T.S.D. Evaluation. The request is also over bearing, over burdensome and unreasonable.
INTERROGATORY NO. 11: List the name and address of each pharmacy and/or other facility at which plaintiff Joel Wetzel has had any prescription of any type filled with the past twenty (20) years, ...

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