In re Search of Offices of Action Mental Health, Inc.

FINKELHOR, J.,

This is an action in equity seeking to enjoin the examination by the district attorney of patient files seized under a valid search warrant from the offices of Action Mental Health, Inc. (Action) pursuant to a criminal investigation of alleged fraudulent billing practices. It is the position of petitioners that such records are statutorially and constitutionally protected and that the psychotherapist-patient privilege prohibits the district attorney from examining the documents seized in conjunction with its criminal investigation.

This court, by order dated June 10, 1983,…