ST. LUKE INSTITUTE, INC.
Circuit Court for Prince Georges County, Case No.
CAL18-40657, Leo E. Green, Jr., Judge.
by Ellis J. Koch of Rockville, MD, for Appellant.
by Jerry Kristal (Weitz & Luxenberg, PC, Cherry Hill, N.J.
and Jonathan Ruckdeschel, Z. Stephen Horvat, Jacqueline G.
Badders, Ruckdeschel Law Firm, LLC, Ellicott City, MD), on
the brief, for Appellee.
Meredith, Shaw Geter, James P. Salmon (Retired Judge,
Specially Assigned), JJ.
Md.App. 620] This appeal arises from an order of the Circuit
Court for Prince Georges County requiring that St. Luke
Institute, Inc., appellant, produce the mental health records
of Brother Edward Anthony Holmes to the Superior Court of the
Commonwealth of Massachusetts. In 2017, Andre Jones,
appellee, brought a civil lawsuit, currently pending in the
Commonwealth of Massachusetts, naming the Roman Catholic
Archbishop of Boston and the Congregation of Sacred Hearts as
defendants. The suit alleged that Jones, as a minor, was
repeatedly sexually assaulted and sexually abused by Brother
Holmes between 1978 and 1982. The allegations include causes
of action for negligent hiring and negligent supervision of
Holmes. During discovery in that lawsuit, it became known
that Brother Holmes underwent psychotherapy at St. Luke
Institute in the early 1990s.
filed with the circuit court a motion requesting the court
order St. Luke Institute to produce Brother Holmes mental
health records. St. Luke Institute filed a motion in
opposition. The circuit court issued a memorandum opinion and
order directing St. Luke Institute to transfer Brother [242
Md.App. 621] Holmes entire mental health record under seal
to the Clerk of the Massachusetts Superior Court.
Luke Institute then moved the circuit court to reconsider its
ruling and vacate the order or, alternatively, to stay the
order pending appeal. The circuit court denied St. Luke
Institutes motion. St. Luke Institute noted this appeal, and
presents the following questions for our review, which we
have rephrased and consolidated for
1) Did the circuit court err or abuse its discretion in
ordering St. Luke Institute to produce Brother Holmes mental
2) Did the circuit court err in ordering Brother Holmes
entire mental health record be filed under seal to the
Superior Court of the Commonwealth of Massachusetts?
3) How does a Maryland trial court determine what
confidential information is to be released when requested in
The Underlying Massachusetts Action.
2017, Andre Jones filed a civil lawsuit (the
"Massachusetts Action"), as lead plaintiff, in the
Massachusetts Superior Court, Trial Division (the
"Massachusetts Court"), naming as defendants the
Roman Catholic Archbishop of Boston and the [242 Md.App. 622]
Congregation of Sacred Hearts. The Massachusetts Action
alleges, in part, that Jones, as a minor, after having been
removed from the custody of his parents and placed by the
Commonwealth of Massachusetts in the Nazareth Child Care
in Jamaica Plain, Massachusetts ("Nazareth") and
while a Nazareth resident, suffered repeated sexual assault
and abuse by Brother Holmes, a Nazareth
counselor. The complaint included causes of
action for negligent hiring and negligent supervision of
Documents produced in discovery by the Congregation of Sacred
Hearts noted that Brother Holmes had underwent psychotherapy
at St. Luke Institute, Inc. ("SLI") in the early
1990s. SLI, located in Maryland, is a "Catholic
organization with 40 years of experience treating Catholic
clergy" and "offers a full range of psychological
screening, treatment and education services for catholic
clergy." According to the documents produced by the
Congregation of Sacred Hearts, two psychiatric evaluation