McGhee V. Pathmark Stores, Inc.

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

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Please see attached unpublished Trial Court opinion by Judge Kane in Atlantic County in McGhee V. Pathmark Stores, Inc. This is a LAD racial harassment case where four African American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