How have courts dealt with discovery of mental health records in a civil case?

As in this case, the plaintiff in Flowers v. Owens, 274 F.R.D. at 218, claimed civil rights violations and sought compensatory and punitive damages. His complaint alleged physical and "emotional injuries" as a result of being beaten while in custody. Id. at 220. Defendants sought discovery of plaintiff's mental health records and a deposition of his psychologist/social worker. Id. at 221. Plaintiff opposed, arguing this discovery was protected by the psychotherapist/patient privilege, because he was only claiming "garden variety" damages for emotional distress. To prevent a waiver of the privilege, he had agreed not to introduce any expert testimony at trial about his emotional suffering and to limit evidence of emotional distress to the negative

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