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Officer sues City in federal court for retaliation under a federal statute and also brings a state-law defamation claim under supplemental jurisdiction. Officer seeks damages for emotional distress. City seeks three categories of records.
First, City seeks confidential therapy notes from Officer's licensed psychotherapist, made during treatment for anxiety after the alleged retaliation. Second, City seeks ordinary medical records from Officer's primary-care physician about a knee injury, arguing the records are relevant to damages. Third, City seeks emails between Officer and Officer's lawyer. Officer's lawyer accidentally produced two privileged emails during discovery, promptly notified City, and had used a review process before production. City argues the production waived privilege for all emails on the same subject.
How should the court analyze the privilege issues? Discuss Rule 501 choice of privilege law, psychotherapist privilege, physician-patient privilege, and Rule 502 waiver.