McDermott v. Hughley

• Decision Date: 10 August 1989
• Docket Number: No. 156,156
• Parties: Michael T. McDERMOTT v. David Eugene HUGHLEY. Sept. Term 1987.
• Court: Maryland Court of Appeals

Page 12

317 Md. 12

561 A.2d 1038

Michael T. McDERMOTT v. David Eugene HUGHLEY.

No. 156 Sept. Term 1987.

Court of Appeals of Maryland.

Aug. 10, 1989.

Steven R. Migdal (Manis, Wilkinson, Snider and Goldsborough, Chartered, on brief), Annapolis, for appellant.

Howard L. Metz (Robert G. Samet, Ashcraft & Gerel, on brief), Rockville, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

COLE, Judge.

The basic question presented in this case is whether the reports of a mental health care professional, requested by an employer and bearing on the fitness of an employee for employment, enjoy the defense of an absolute or qualified privilege in a defamation suit. If an absolute or qualified privilege pertains, then the trial court was correct in granting summary judgment. If no such defense is available, then the trial judge erred and a trial must be conducted.

The characters giving rise to this issue we introduce in the following recitation of facts. David Eugene Hughley applied to the Maryland-National Capital Park and Planning Commission (MNCPPC) for employment as a park police officer in October of 1981. Hughley was accepted as a candidate on August 9, 1982, but was advised that before becoming an official Park Police Officer, he would have to complete candidate training school and a twelve-month probationary period. He entered the Police Academy in Prince George's County after working as a police dispatcher through November of 1982.

Having completed his training at the Academy in April of 1983, Hughley began field patrol training. He then learned that he might be transferred to a separate unit where he would be required to complete horse-mounted training. Having "no love of horses," Hughley wrote to Captain George Klotz, the commanding officer of that unit, explaining his reservations. In a subsequent meeting with Captain Klotz, he further related vivid childhood memories of falling off a pony, of an uncle's being kicked in the face by a horse, and of fellow officers sustaining knee injuries from having horses fall on them. Nonetheless, Captain Klotz did not give Hughley permission to be excused and convinced him to "try" the mounted unit. Participation in that unit, however, was optional. The Mounted Unit Recruit Training Guide Booklet provided:

If at any time during your training you wish to stop and return to your previous position, please do so, as there will be no hard feelings. We only want officers that are genuinely interested in riding.

On August 15, 1983, Hughley began horse-mounted training. He claimed that in the presence of horses, he became "queasy," experienced "mild stomach problems," and suffered incidents of vomiting and diarrhea. Hughley was convinced that it was his fear of horses which caused his physical reactions. After one week of training, he informed Captain Klotz that he was "uncomfortable" with his assignment. Hughley, continuing to advise other supervisors of his condition, began also to experience leg, back, and hip pain from riding horses. His condition prompted him to seek medical help at his group health association (GHA) from Dr. Gary Jones. Still unable to convince Captain Klotz to excuse him from the horse-mounted training unit, Hughley consulted Dr. Ann L.B. Williams, also a GHA physician. Dr. Williams consulted a psychiatrist concerning Hughley and on September 7, 1983, wrote a letter to MNCPPC recommending that Hughley be excused from horse-mounted training because he experienced "severe anxiety reaction when around horses."

On September 12, 1983, Lt. Robert Fox of the mounted unit summoned Hughley to his office. After discussing Hughley's problem, Lt. Fox ordered Hughley to see Michael T. McDermott, Ph.D., a psychologist. Two days later, Fox telephoned Hughley and advised him to report to a pre-arranged appointment with McDermott that evening.

McDermott was under contract with MNCPPC to act as consultant and to provide counselling and referral services for employees needing help resolving work-affecting emotional problems. The two met on September 14, 1983, for approximately thirty minutes.

Hughley proceeded to describe to McDermott the entire scenario of his horse-related phobia and his physical reactions when around horses. He told McDermott that Captain Klotz continued to insist on his participation in the mounted unit and that fellow officers referred to the Captain's methods as "Gestapo tactics." At the conclusion of that interview, McDermott told Hughley that he believed that Hughley's phobia of horses was not feigned and that he would recommend his transfer from the mounted training unit. However, Lt. Colonel Donald R. Leslie, Sr. of the MNCPPC had told McDermott that if Hughley did not ride, Hughley would be fired.

McDermott thereupon urged Hughley to undergo hypnosis to treat the phobia, but Hughley refused. McDermott persisted in recommending hypnosis and Hughley replied, "you are the psychiatrist, you can recommend anything you want to." McDermott responded, "I will do that, then.... They told me you had an authority problem but I don't think you have one, I don't think you are abnormal." McDermott reminded Hughley that the results of the meeting would not remain confidential but must be reported to MNCPPC. McDermott did, however, agree to provide Hughley a copy of his diagnosis.

On September 29, 1983, Hughley was ordered to appear at a meeting before Major Richard Belt of MNCPPC, at which Larry Brownlee of the Fraternal Order of Police ¹ and McDermott also were present. McDermott began by confirming his belief that Hughley's phobia was real. He next stated that he and Hughley had agreed that Hughley would submit to hypnosis to treat his problem. Hughley then interrupted claiming that he had not in fact agreed to hypnosis. An argument ensued between Hughley and McDermott, and the meeting quickly disintegrated. McDermott then told Hughley that it was necessary for him to sign a release for McDermott's lawyers. That release, entitled "Consent for Release of Confidential Information", as completed and signed by Hughley provided:

I do hereby authorize Michael T. McDermott, Ph.D to disclose to Major Belt the following information: Diagnosis and Recommendation for the purpose of suitability for mounted training.

On October 4, 1983, McDermott wrote the following letter to Major Belt:

At the request of Lt. Fox I conducted an evaluation of POC David Hughley on September 22, 1983. As an outcome of this evaluation, a meeting was scheduled with you and Mr. Hughley on September 29, 1983. The purpose of these meetings was to determine if POC Hughley suffers a phobic reaction to horses which prevents him from receiving training in the Mounted Unit.

It is my opinion based on the session with Officer Hughley and conversation with other officers that no such phobic reaction exists and the symptoms of anxiety (stomach cramps) are presentations of false and grossly exaggerated symptoms. The symptoms appear to be produced to avoid working in the Mounted Unit and specifically to avoid working under the command of Captain Klotz. In a word this is termed "malingering." Most notable in the process of arriving at this diagnosis was POC Hughley's lack of cooperation with the evaluation and prescribed treatment regimen.

I will supply you with a full detailed explanation of these findings in the near future. If I can be of further assistance in this matter, please feel free to call me.

Hughley alleges that this letter was written in retaliation for the embarrassment experienced by McDermott at the September 29, 1983, meeting. McDermott again met with Major Belt on October 4 to discuss this report. The meeting also was attended by Roy Hedgepeth, Employee Relations and Development Manager; Lt. Col. Donald R. Leslie, Sr., Division Commander, Prince George's County; Mr. Wool, legal counsel; Captain Klotz; and Major Belt. Hughley was not invited to participate.

On October 22, 1983, McDermott sent the supplemental letter, as he had promised, to Major Belt. McDermott wrote:

This report will elaborate on my letter of October 4, 1983 regarding POC Hughley in which I reported my findings that he was "malingering" in regard to work on the Mounted Unit.

I met with POC Hughley at my private office on September 22, 1983 at the request of Lt. Fox. In his communication with me Lt. Fox indicated that POC Hughley was being sent to me because he had developed a sudden and severe phobic response to horses. Lt. Fox also indicated that POC Hughley had been riding horses for over two weeks when the symptoms occurred and there was some concern that the onset of symptoms was a scheme on POC Hughley's part to get out of the Mounted detail.

In my meeting with POC Hughley he came across as quite anxious, deferential, and eager to please. He detailed the severe stomach cramps he developed around horses and communicated the diagnoses of his doctor at GHA. He could not explain why initially he had been able to ride horses without experiencing such symptoms. Throughout the interview he repeatedly remarked how difficult it was to work for Capt. Klotz because of the Captain's disciplined approach to training and running the unit. Often these comments were quite bitter, referring to the Captain as the equivalent of a "Nazi." He also stated that riding was "hard work" (physically taxing) and that it left him quite tired. Upon further exploration of these issues with POC Hughley it surfaced that his stomach cramps first emerged when he was ordered to clean the stables. Repeatedly he told me of the instances where he had to go home sick and in each case prior to the onset of cramps there was a direct order from a superior officer. I told POC Hughley that I thought his problem was more related to authority figures than horses, which he denied. So I invited him to participate in one of two psychotherapy programs which have proven extremely...