Dunn v. Dunn — Jan. 2016 (Summary)

PATIENT SAFETY AND QUALITY IMPROVEMENT ACT

Dunn v. Dunn
Civil Action No. 2:14-cv-601-MHT (M.D. Ala. Jan. 27, 2016)

The United States District Court for the Middle District of Alabama ruled that the documents, that a non-party correctional services corporation withheld on a case challenging prison conditions, were not protected by the state peer review privilege or by any other federal or state privileges, including the Patient Safety and Quality Improvement Act (“PSQIA”). The court noted that although the documents sought to be withheld may not have been essential to the case, their evidentiary value was likely significant. The documents drew on source material otherwise unavailable to the prisoners and were likely to be relevant to demonstrate the prison’s policies and practices toward mentally ill prisoners.

The court stated that the PSQIA was not intended to provide a blanket protection for all information and communications generated for quality control purposes. Furthermore, extending the privilege to quality assurance documents not submitted to a certified organization would destroy this incentive and undermine the purpose of Congress’s certification scheme.