Case Result: Court Denies Motion to Compel Production of Peer Review Documents, Based on State Law Privilege

Areas of Law:
42 U.S.C. § 1983
Correctional Healthcare

U.S. District Court for the Western District of Michigan (2016)

Motion to Compel Denied

The family of a deceased Michigan Department of Corrections inmate sued several corrections officers and medical providers, alleging Defendants failed to provide adequate treatment for the inmate’s asthma.

During the discovery phase of the case, Plaintiff requested Defendants produce copies of any investigations or reviews created in connection with the inmate’s death. We objected on behalf of the medical providers, based on Michigan’s peer review privilege.

Plaintiff filed a Motion to Compel, arguing that a state law privilege did not apply in federal court. The Court denied Plaintiff’s motion, opining that the 6th U.S. Circuit Court of Appeals has applied Michigan’s state law privilege broadly (Lloyd v. Saint Joseph Mercy Oakland, 766 F.3d 580 (6th Cir. 2014)).

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