Doe v. Doe
A plastic surgeon sued a former patient for defamation and IIED after she accused him of sexual assault; after he was arrested, the trial court entered an open-ended protective order staying his own deposition (but not other discovery) so he could preserve his Fifth Amendment options. The Third District granted certiorari and quashed the order, holding that under Perez v. Gallego a plaintiff cannot use the Fifth Amendment as both sword and shield by prosecuting and deposing the defendant while shielding himself from deposition.
Key facts
- A plastic surgeon sued a former patient for defamation and intentional infliction of emotional distress after she accused him of sexual assault; he was subsequently arrested.
- The trial court entered a protective order staying the plaintiff's own deposition to preserve his Fifth Amendment rights while allowing him to depose the defendant.
- +2 more key facts with a free trial
Why it matters
This decision extends Perez v. Gallego from full case stays to partial, deposition-only stays, confirming that a civil plaintiff invoking the Fifth Amendment cannot obtain one-sided discovery protection. Defense counsel… — full analysis with a trial
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