Motion to Strike Granted in Professional Liability Claim against Licensed Clinical Social Worker

RRD partner John F. Costa and associate Liam M. West recently prevailed on a motion to strike in favor of their client, a licensed clinical social worker.

In his complaint, the plaintiff alleged that during the course of therapy he informed the defendant therapist that he was viewing child pornography. The plaintiff further alleged that the defendant failed to take any affirmative steps to address this behavior. The plaintiff claimed that as a result of the defendant’s failure to address his habit of viewing child pornography, he continued to view child pornography and was ultimately the subject of a police raid upon his home.

Finally, the plaintiff claimed that as a result of the raid, he suffered humiliation and is now exposed to criminal penalties. In granting the motion to strike, the court agreed with RRD’s public policy argument that the plaintiff is precluded from recovering based on his own criminal conduct.