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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 46a-58

Citation
§ 46a-58
Parent Document
Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
Jurisdiction
Connecticut (state)
Effective Date
2022-04-26

Other Sections in This Document (128)

Full Text

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records, the complainant filed what she styled as a motion
          for a protective order. In that motion, she offered to
          provide the branch (1) a summary of her unredacted
          treatment history with Coyle, which would be filed
          under seal and be reviewable only by the branch’s coun-
          sel and expert witnesses, and (2) Coyle’s full treatment
          notes, which would be reviewable only by counsel at
          Coyle’s office. The complainant attached to the motion
          a case summary drafted by Coyle, with certain personal
          information regarding the complainant redacted.27 Also
          attached was a treatment history listing the dates when
          the complainant saw Coyle and the fees she paid for
          those office visits.
             The branch filed an objection to the motion, con-
          tending that the only appropriate remedy for the com-
          plainant’s alleged discovery noncompliance was to
          preclude her from pursuing anything other than garden-
          variety emotional distress damages. The referee sus-
          tained the branch’s objection.28
            On several occasions during the hearing, the referee
          appeared to confirm that she had not unconditionally
          ordered the complainant to produce the records at issue
          but merely had ruled that the complainant would have
          to do so in order to obtain anything more than garden-
          variety emotional distress damages. In response to the
          branch’s argument that the complainant was not permit-
          ted to withhold relevant records, the referee stated:
             27
                The redacted information does not appear to be relevant to the complain-
          ant’s claims, and we perceive nothing in the case summary that would serve
          to undermine the complainant’s claim that she suffered emotional distress
          as a result of Marco’s conduct and the branch’s failure to adequately respond
          to the harassment.
             28
                In late 2014, the complainant belatedly provided the branch a release
          to obtain Coyle’s full treatment notes, and, in early 2015, she gave the branch
          what appeared to be Coyle’s original notes. She represented that Coyle had
          refused her request to supply the notes for ‘‘ethical’’ reasons and, therefore,
          that she had been forced to obtain them via subpoena. The parties filed
          additional motions seeking the preclusion or inclusion of the records.
April 26, 2022                 CONNECTICUT LAW JOURNAL                                  Page 71