Judd v. Rodman
United States Court of Appeals for the Eleventh Circuit
105 F.3d 1339 (11th Cir. 1997)
Lisa Beth Judd (plaintiff) claimed she contracted genital herpes from Dennis Rodman (defendant) and sued him for tortious transmission of a sexual disease and intentional infliction of emotional distress. Rodman argued Judd caught herpes from someone else and, during discovery, asked about her past sexual history and her work as a stripper both before and after her diagnosis. Judd argued this evidence was barred by Federal Rule of Evidence 412, but the district court allowed it and ruled for Rodman. Judd appealed.
Whether evidence of a plaintiff's past sexual history is admissible under Federal Rule of Evidence 412(b) when its probative value substantially outweighs the danger of harm to the plaintiff and unfair prejudice to the parties.