Jaffee v. Redmond And Its Implication for Counselor-Therapist Confidentiality
1. Analyze the Jaffee v. Redmond (1996) case and the implications this case has had for communication between counselor and client.
On June 27, 1991, Mary Lu Redmond, a police officer, responded to a fight at an apartment complex. Believing that Ricky Allen was about to stab a man he was chasing, she shot and killed him. The administrator of Mr. Allen’s estate, Carrie Jaffee, filed suit in Federal District Court alleging that Officer Redmond violated Mr. Allen’s constitutional rights by using excessive force. During the discovery phase of the case, Ms. Jaffee learned that Officer Redmond had participated in 50 counseling sessions with a clinical social worker, Karen Beyer (“Ms. Beyer”). She sought access to the notes taken by Ms. Beyer during those sessions. Officer Redmond’s attorney resisted the request, arguing that disclosure should be prevented because of a psychotherapist-client privilege. The court allowed the request but neither Ms. Beyer nor Officer Redmond complied with it. The judge advised the jury that the refusal to turn over Ms. Beyer’s notes could be considered a presumption that the content of the notes would have been unfavorable to Officer Redmond. The jury awarded Allen’s estate $45,000 on the federal civil rights claim and $500,000 on her state-law claim. The Court of Appeals for the Seventh Circuit reversed the award and ordered a new trial, concluding that a psychotherapist-client privilege should be recognized. Ms. Jaffee, on behalf of Mr. Allen’s estate, appealed to the US Supreme Court. The questions before the Court were:
1. whether it is appropriate for federal courts to recognize a psychotherapist privilege under the federal rules of evidence; specifically, F.R.E. Rule 501;
2. if the federal courts recognize a psychotherapist privilege, should the privilege extend to confidential communications made to licensed social workers; and
3. should the conversation during a treatment session plus any therapist’s notes
On June 27, 1991, Mary Lu Redmond, a police officer, responded to a fight at an apartment complex. Believing that Ricky Allen was about to stab a man he was chasing, she shot and killed him. The administrator of Mr. Allen’s estate, Carrie Jaffee, filed suit in Federal District Court alleging that Officer Redmond violated Mr. Allen’s constitutional rights by using excessive force. During the discovery phase of the case, Ms. Jaffee learned that Officer Redmond had participated in 50 counseling sessions with a clinical social worker, Karen Beyer (“Ms. Beyer”). She sought access to the notes taken by Ms. Beyer during those sessions. Officer Redmond’s attorney resisted the request, arguing that disclosure should be prevented because of a psychotherapist-client privilege. The court allowed the request but neither Ms. Beyer nor Officer Redmond complied with it. The judge advised the jury that the refusal to turn over Ms. Beyer’s notes could be considered a presumption that the content of the notes would have been unfavorable to Officer Redmond. The jury awarded Allen’s estate $45,000 on the federal civil rights claim and $500,000 on her state-law claim. The Court of Appeals for the Seventh Circuit reversed the award and ordered a new trial, concluding that a psychotherapist-client privilege should be recognized. Ms. Jaffee, on behalf of Mr. Allen’s estate, appealed to the US Supreme Court. The questions before the Court were:
1. whether it is appropriate for federal courts to recognize a psychotherapist privilege under the federal rules of evidence; specifically, F.R.E. Rule 501;
2. if the federal courts recognize a psychotherapist privilege, should the privilege extend to confidential communications made to licensed social workers; and
3. should the conversation during a treatment session plus any therapist’s notes