Cultic Studies Journal, Vol. 13, No. 1, 1996, page 4
Legal Decision: Borawick v. Shay
JOAN S. BORAWICK, Plaintiff-Appellant, v. MORRIE SHAY and CHRISTINE SHAY,
Defendants-Appellees.
BORAWICK v. SHAY
Docket No. 94-7584
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
1995 U.S. App. LEXIS 29707
December 19, 1994, Argued
October 17, 1995, Decided
PRIOR HISTORY: [*1] Plaintiff-appellant appeals from a final judgment entered on May 10,
1994 by the United States District Court for the District of Connecticut, (T.F. Gilroy Daly, J.),
granting the defendants‟ motion for summary judgment, following an in limine ruling
prohibiting the plaintiff from testifying based on hypnotically refreshed recollections of
sexual abuse.
DISPOSITION: Affirmed.
COUNSEL: HELEN L. McGONIGLE, Brookfield, CT, for Plaintiff-Appellant.
CHARLES W. FLEISCHMANN, Bridgeport, CT (GULASH &FLEISCHMANN, Bridgeport, CT), for
Defendants-Appellees.
JUDGES: Before: VAN GRAAFEILAND, WALKER, and CABRANES, Circuit Judges.
OPINION BY: WALKER
Opinion: Walker, Circuit Judge
This case presents an issue of first impression: the circumstances under which an alleged
victim of sexual abuse may testify as to memories of abuse following therapeutic hypnosis.
Plaintiff-appellant, Joan S. Borawick, appeals from a final judgment entered on May 10,
1994 by the United States District Court for the District of Connecticut (T.F. Gilroy Daly,
District Judge), adopting the recommendations of Magistrate Judge Joan G. Margolis and
entering summary judgment in favor of defendants, Morrie and Christine Shay, whom
Borawick accused [*2] of sexually abusing her as a child. This judgment for defendants
followed an in limine ruling prohibiting the plaintiff from testifying based on hypnotically
refreshed recollections of sexual abuse. Borawick v. Shay, 842 F. Supp. 1501, 1508 (D.
Conn. 1994).
Background
Borawick, who is currently thirty-eight years old and a citizen of California, brought a
diversity tort action alleging that her aunt and uncle, Christine and Morrie Shay, Connecticut
citizens, sexually abused her in the summers of 1961 and 1964, when she visited them at
their home at the ages of four and seven, respectively. At the time, she lived in Seattle.
Borawick had no memory of the alleged abuse for more than twenty years.
During the fall of 1984, Borawick began to experience panic attacks. When they continued,
in the winter of 1985, she sought and received treatment on. five or six occasions with a
psychiatrist, Dr. Irwin Ruben. From April, 1986 through July, 1987, Dr. Anthony Reading, a
clinical psychologist, continued the treatment. In the spring of 1987, she also sought
medical treatment for chronic physical illness with Dr. Ronald Peters, a medical doctor and
part owner of the Pacific Medical [*3] Center (“PMC”) in Santa Monica, California. PMC‟s
clientele was largely composed of people from the entertainment industry.
After reviewing Borawick‟ s medical history of chronic illness, Dr. Peters referred Borawick to
Valerian St. Regis, a hypnotist who worked under Peter‟s supervision, since “problems in
childhood” sometimes cause chronic illness and are susceptible to recall through hypnosis.
Borawick underwent twelve to fourteen hypnotic sessions with St. Regis from the summer of
Legal Decision: Borawick v. Shay
JOAN S. BORAWICK, Plaintiff-Appellant, v. MORRIE SHAY and CHRISTINE SHAY,
Defendants-Appellees.
BORAWICK v. SHAY
Docket No. 94-7584
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
1995 U.S. App. LEXIS 29707
December 19, 1994, Argued
October 17, 1995, Decided
PRIOR HISTORY: [*1] Plaintiff-appellant appeals from a final judgment entered on May 10,
1994 by the United States District Court for the District of Connecticut, (T.F. Gilroy Daly, J.),
granting the defendants‟ motion for summary judgment, following an in limine ruling
prohibiting the plaintiff from testifying based on hypnotically refreshed recollections of
sexual abuse.
DISPOSITION: Affirmed.
COUNSEL: HELEN L. McGONIGLE, Brookfield, CT, for Plaintiff-Appellant.
CHARLES W. FLEISCHMANN, Bridgeport, CT (GULASH &FLEISCHMANN, Bridgeport, CT), for
Defendants-Appellees.
JUDGES: Before: VAN GRAAFEILAND, WALKER, and CABRANES, Circuit Judges.
OPINION BY: WALKER
Opinion: Walker, Circuit Judge
This case presents an issue of first impression: the circumstances under which an alleged
victim of sexual abuse may testify as to memories of abuse following therapeutic hypnosis.
Plaintiff-appellant, Joan S. Borawick, appeals from a final judgment entered on May 10,
1994 by the United States District Court for the District of Connecticut (T.F. Gilroy Daly,
District Judge), adopting the recommendations of Magistrate Judge Joan G. Margolis and
entering summary judgment in favor of defendants, Morrie and Christine Shay, whom
Borawick accused [*2] of sexually abusing her as a child. This judgment for defendants
followed an in limine ruling prohibiting the plaintiff from testifying based on hypnotically
refreshed recollections of sexual abuse. Borawick v. Shay, 842 F. Supp. 1501, 1508 (D.
Conn. 1994).
Background
Borawick, who is currently thirty-eight years old and a citizen of California, brought a
diversity tort action alleging that her aunt and uncle, Christine and Morrie Shay, Connecticut
citizens, sexually abused her in the summers of 1961 and 1964, when she visited them at
their home at the ages of four and seven, respectively. At the time, she lived in Seattle.
Borawick had no memory of the alleged abuse for more than twenty years.
During the fall of 1984, Borawick began to experience panic attacks. When they continued,
in the winter of 1985, she sought and received treatment on. five or six occasions with a
psychiatrist, Dr. Irwin Ruben. From April, 1986 through July, 1987, Dr. Anthony Reading, a
clinical psychologist, continued the treatment. In the spring of 1987, she also sought
medical treatment for chronic physical illness with Dr. Ronald Peters, a medical doctor and
part owner of the Pacific Medical [*3] Center (“PMC”) in Santa Monica, California. PMC‟s
clientele was largely composed of people from the entertainment industry.
After reviewing Borawick‟ s medical history of chronic illness, Dr. Peters referred Borawick to
Valerian St. Regis, a hypnotist who worked under Peter‟s supervision, since “problems in
childhood” sometimes cause chronic illness and are susceptible to recall through hypnosis.
Borawick underwent twelve to fourteen hypnotic sessions with St. Regis from the summer of
