This case was settled out of court in early 2023 with both sides to cover their own attorney fees. A federal magistrate denied the plaintiff’s motion for the protective order but said the school district’s request for medical records “was likely overbroad” and said both parties should confer on a more specific request.
A former Washoe County School District teacher, who is suing the district alleging a hostile work environment, is now seeking to prevent WCSD attorneys from accessing her medical records as part of the lawsuit.
Paula Flowe, who sued WCSD last year, said she was subjected to sexist and racist rap music, and WCSD did not prevent students from playing rap.
“[WCSD] permitted students to wear electronic [headsets] which play music and permitted students wearing those headset to listen to rap or hiphop music, replete with offensive racial and sexual terms and language, as well as offensive discussions of race and/or sex,” Flowe alleged through her attorney Mark Mausert.
The case, first reported last year by This Is Reno, has a new concern.
Mausert last week filed a motion in federal court seeking a protective order against WCSD to prevent WCSD attorneys from attempting “to obtain Ms. Flowe’s medical records, including her gynecological records…”
Mausert alleged WCSD attorney Chris Reich is demanding those records as part of the case.
“The parties are at an impasse, which is not susceptible to resolution absent the assistance of this Court,” he wrote in the filing. “The attorney for the District, Mr. Christopher Reich, claims such a disability probably or might exist, based on the inability of Ms. Flowe to specify on which dates she heard rap music being played by students on the premises of Damonte High School.”
Mausert said Reich in late September sought an authorization to release the medical records, which he told Flowe not to sign.
“Accordingly, Ms. Flowe is moving for a Protective Order to prevent the District, absent an extraordinary showing and permission from the Court, to inquire into irrelevant medical records, communicable diseases and sexual history,” he wrote.
The school district has been criticized for similar tactics in litigation, such as demanding to see medical and therapy records of other plaintiffs suing the district for myriad reasons.
School officials did not respond to requests for comment.
