McGhee V. Pathmark Stores, Inc.

Atlantic County, New Jersey Trial Judge grants protective order to racial harassment plaintiffs barring defense psychiatric examinations


Please see attached unpublished Trial Court opinion by Judge Kane in Atlantic County in McGhee V. Pathmark Stores, Inc. This is a LAD racial harassment case where four African American plaintiffs claim emotional distress damages as a result of racial harassment (viewing hanging nooses at work). Plaintiffs have not treated with a psychiatrist and we have no psychiatric expert.

On October 12 , 2010, the App. Div. denied defendants' motion for leave to appeal without comment.

Judge Kane’s rationale may apply by analogy to a personal injury or civil rights case. A defendant may not by way of defense contentions place a plaintiff's psychologic condition "in issue" so as to justify a defense psychiatric examination or psychological testing.

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Published In: Civil Procedure Updates, Civil Rights Updates, Labor & Employment Updates, Personal Injury Updates, Privacy Updates

Reference Info:Decision | State, 3rd Circuit, New Jersey | United States