In action under 42 USC section 1981 alleging that defendant-hospital racially discriminated against plaintiff-physician with respect to terms and conditions of his contract with defendant when defendant allegedly failed to stop hostile behavior by plaintiff’s colleagues, Dist. Ct. did not err in allowing defendant to present impeachment evidence regarding past negative incidents involving plaintiff during his prior employment with other entities, where plaintiff previously testified that he had “untarnished” reputation in medical community prior to his contractual relationship with defendant. Moreover, plaintiff forfeited any argument that use of said impeachment materials was improper because they contained information gathered during peer-reviews that was privileged under state statutes, since plaintiff had failed to assert before Dist. Ct. that said evidence was privileged under Rule 501. Also, federal courts apply federal common law evidentiary privileges, which do not recognize peer-review privilege. Too, defendant was otherwise entitled to ask plaintiff about facts pertaining to his own past and reputation regardless of whether any peer-review committee had investigated those incidents or complaints.
Federal 7th Circuit Court
Civil Court
Evidence