THERESA GIACCHETTO vs. PATCHOGUE-MEDFORD SCHOOL DISTRICT (Teacher) (Employer)
You have ADHD. Doctor Teacher December 21, 2010
I have ADHD. Teacher Principal December 22, 2010
One year later...
I am suing you for disability discrimination and inter alia physical and emotional damages
Defendant's Motion to Compel Social Networking is relevant: Evidence of physical and emotional damages levels of social interaction and daily functioning emotional and psychological state Accounts of events alleged in complaint are discoverable A B
Plaintiff's Reply That motion is a Fishing Expedition
Harass Impinge Privacy Intended to and
Physical injury Emotional injury & are different Legal Analysis
While the relevance of a posting reflecting engagement in a physical activity that would not be feasible given the plaintiff’s claimed physical injury is obvious, the relationship of routine expressions of mood to a claim for emotional distress damages is much more tenuous. Let's parse this: Connection between physical activity and physical injury is obvious. The connection between mood and emotional distress is tenuous While the relevance of a posting reflecting engagement in a physical activity that would not be feasible given the plaintiff’s claimed physical injury is obvious, the relationship of routine expressions of mood to a claim for emotional distress damages is much more tenuous. Emotional well-being Routine status updates are not generally relevantto a claim of emotional distress. Plaintiff must produce specific referencesto distress alleged in the complaint. = = Postings that are inconsistentwith claimed physical injury are relevant and must be produced. Physical health