A federal judge ruled that a psychologist may testify about PTSD tied to a school search but limited other aspects of the expert’s testimony.
Brooklyn, NY – A federal judge in New York has partially allowed expert testimony in a civil rights lawsuit involving a student who alleges she was harmed during a school search conducted by staff.
The ruling addresses challenges to testimony from the plaintiff’s expert witness, psychologist Dr. Michael Fraser.
Key Points
• Judge partially granted motion to limit testimony from plaintiff’s expert
• Case involves a student suing school staff over alleged harmful search
• Expert allowed to testify about PTSD but with certain limitations
Dispute over expert testimony
The lawsuit was filed on behalf of a minor identified as M.K. by her mother, Sharmil Surujnath.
The defendants include school officials Vidalina Lopez, Arlene Marsh, and Jessica Sirakowski.
Before trial, the defendants asked the court to exclude testimony from the plaintiff’s expert, arguing his report contained improper opinions and that a later declaration improperly expanded his analysis.
Supplemental declaration partly allowed
Dr. Fraser submitted a supplemental declaration responding to the challenge, which defendants asked the court to strike.
U.S. District Judge Brian M. Cogan treated the request as a motion to prevent the expert from testifying to the statements in the declaration.
The judge ruled that portions of the supplemental declaration were permissible because they clarified earlier opinions rather than introducing new ones.
PTSD testimony permitted
One key dispute centered on whether the expert newly diagnosed the student with post-traumatic stress disorder in the supplemental declaration.
The court found the expert had not introduced a new diagnosis but had clarified that his original report effectively described PTSD.
As a result, the judge allowed testimony linking the student’s emotional and physical condition to a specific search that occurred on Jan. 31, 2023.
The court’s ruling means Dr. Fraser may testify at trial but with limitations on the scope of his opinions.
