Punch and Jurists

U.S. v. Hardy, No. 09-72-P-JHR (D.Me.) (640 F.Supp.2d 75) (July 30, 2009) (Judge Magistrate) by Here the Court held that the Psychotherapist-Patient Privilege can be overriden by the so-called Dangerous Defendant Exception. In 2008, the defendant in this case, Alvin Hardy, who had a history of mental illness, went to …

Sims v. Blot (In Re: Sims), No. 06-0644-op (2nd Cir.) (534 F.3d 117) (July 18, 2008) (Judge Amalya Lyle Kearse) by [Editor's Note: For a commentary on this decision, see "Court of Appeals upholds psychotherapist privilege in garden variety damages claims," as posted on the Second Circuit Civil Rights Blog …

U.S. v. Auster, No. 07-30084 (5th Cir.) (517 F.3d 312) (February 11, 2008) (Judge Jerry E. Smith) by Although the psychotherapist-patient privilege has been recognized by the Supreme Court as a valid privilege (see, Jaffee v. Redmond, 518 U.S. 1 (1996)), the Circuit courts have disagreed over whether there is …

Koch v. Cox, No. 06-5134 (D.C. Cir.) (489 F.3d 384) (June 15, 2007) (Judge Douglas Ginsburg) by In a significant privilege decision, the D.C. Circuit has taken a strong stand to protect the confidentiality of mental health records. Plaintiff Randolph Koch sued his employer, the Securities and Exchange Commission, for …

Jaffee v. Redmond, No. 95-266 (U.S. Supreme Court) (518 U.S. 1; 116 S.Ct. 1923) (June 13, 1996) (Justice Stevens) by In this civil case, seeking damages for wrongful death under 42 U.S.C. § 1983, the administrator of the decedent's estate sought access to the notes of a clinical social worker …

U.S. v. Chase, No. 01-30200 (9th Cir.) (301 F.3d 1019) (August 21, 2002) (Per Curiam) by The defendant in this case was convicted of violating 18 U.S.C. § 115(a)(1)(B) by threatening to murder federal law enforcement officers who were preparing to execute a search warrant on his home. On appeal, …

U.S. v. Hayes, No. 98-6623 (6th Cir.) (227 F.3d 578) (September 14, 2000) (Judge James L. Ryan) by Here the majority of the panel held that there is no "dangerous patient" exception to the federal psychotherapist/patient testimonial privilege under Fed. R. Evid. 501.