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Doe v. Roe

New York County Supreme Court

93 Misc. 2d 201, 400 N.Y.S.2d 668 (1977)

Facts

Dr. Joan Roe, a psychiatrist, and her husband, Peter Poe, a psychologist, (plaintiffs) published a book that included verbatim disclosures made by Doe (plaintiff) and her late husband during psychoanalysis treatments with Dr. Roe. Dr. Roe saw Doe for many years, and in that time, Doe discussed intimate topics, thoughts, emotions, fantasies, and issues involving her family life. Dr. Roe discussed the possibility of publishing a book with Doe while Doe was being treated and had received wavering oral consent, but never anything in writing. However, the book was published eight years after Doe had stopped seeing Dr. Roe. Many of Doe’s friends, colleagues, and students read the book, along with her employer, who threatened her job. Doe became reclusive, and her well-being and emotional health deteriorated. Doe incurred $1,400 in medical bills for psychotherapy and suffered $1,500 in lost wages. Doe sued Dr. Roe and Poe to enjoin sales of the book and for damages.

Rule of Law

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Issue

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Holding and Reasoning (Stecher, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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