Jaffee v. Redmond
Encyclopedia
In Jaffee v. Redmond, , the Supreme Court of the United States
created a psychotherapist-patient privilege in the Federal Rules of Evidence
.
for the Village of Hoffman Estates, Illinois
. On June 27, 1991, she was the first to respond to a fight-in-progress call. She arrived to find Ricky Allen chasing another man and brandishing a butcher knife
. Redmond repeatedly ordered Allen to drop the knife, but Allen ignored her. At one point in the chase, it appeared to Redmond that Allen was about to stab the man he was chasing, and so she shot Allen. Allen died at the scene.
Acting as the representative of Allen's estate, Jaffee filed suit under 42 U.S.C. § 1983
, claiming that Redmond had used excessive force
during the altercation. Witnesses testified that Allen was not armed during the altercation. During discovery, Jaffee discovered that Redmond had sought counseling from a licensed clinical social worker
. Jaffee sought the social worker's notes for the purpose of cross-examining Redmond at the trial. Redmond opposed the request, claiming that the notes were protected by the psychotherapist-patient privilege
. The trial judge rejected this argument, and the jury later awarded Allen's estate $545,000 in damages.
Redmond appealed to the Seventh Circuit
, which vacated the decision of the trial court and remanded. In its opinion, the privilege of which Redmond sought to avail herself did exist in federal law, and the trial court should have applied it. Jaffee asked the Supreme Court to review the Seventh Circuit's decision, and it agreed to do so.
enacted the Federal Rules of Evidence
in 1975, it expressly left the development of evidentiary privileges to the courts. The "privilege of a witness... shall be governed by the principles of the common law as they may be interpreted... in the light of reason and experience." Under these common-law principles, the law favors compelling witnesses to give whatever evidence they can, unless there is some other "public good transcending the normally predominant principle of utilizing all rational means for ascertaining truth
."
The psychotherapist-patient privilege, like the attorney-client and spousal privileges, flows from society's desire to facilitate certain relationships of confidence and trust. "Effective psychotherapy
... depends upon an atmosphere of confidence and trust in which the patient is willing to make a frank and complete disclosure of facts
, emotions, memories, and fears. Because of the sensitive nature of the problems for which individuals consult psychotherapists, disclosure of confidential communication made during counseling sessions may cause embarrassment or disgrace. For this reason, the mere possibility of disclosure may impede disclosure of the confidential relationship necessary for successful treatment." These are the important societal interests the psychotherapist-patient privilege works to protect.
By contrast, if there existed no privilege for communications between psychotherapists and their patients, people would decide not to seek treatment for mental illness, particularly illnesses and traumas that are likely to result in litigation. If there were no privilege, evidence such as that sought from Redmond by Allen's estate would not likely arise in the first place, and would remain out of court just as if it were privileged.
Two other considerations favored recognizing a federal psychotherapist-patient privilege. First, all 50 states recognized some form of the psychotherapist-patient privilege; thus, the "reason and experience" of those states counseled in favor of recognizing the privilege in federal courts. Indeed, as long as federal courts declined to recognize the privilege, those courts undermined the promise made by the states that afforded the privilege to their citizens. The secrets they shared with their psychologists could still be revealed to the world in federal courts housed across the street from the courts of their own states.
Second, the proposed draft of the Federal Rules of Evidence included nine specific privileges, one of which was a psychotherapist-patient privilege. In the past, the Court had rejected an attempt to create a state legislative privilege within the Federal Rules of Evidence because that privilege was not included in the draft version of the Rules. When it rejected the draft including specific privileges, Congress did not specifically intend to reject the individual privileges. It simply intended to leave the contours of the privileges to the Courts. For all these reasons, the Court held that a psychotherapist-patient privilege existed within the Federal Rules of Evidence.
The Court also had no trouble applying it to therapy provided by a licensed clinical social worker. Social workers provide a significant amount of mental health treatment. Their clients often are of modest means and cannot afford the assistance of psychiatrists and psychologists. The vast majority of states explicitly extend a testimonial privilege to social workers. Thus, the Court saw no reason to delimit the privilege so as to exclude social workers from the privilege.
Second, the lack of sufficient basis to distinguish psychotherapists from others in society in whom people place valuable confidences. "For most of history, men and women have worked out their difficulties by talking to... parents, siblings, best friends, and bartenders—none of whom was awarded a privilege against testifying in court." As a result, he could not see how extending an evidentiary privilege to psychotherapists would facilitate mental health treatment.
From Scalia's vantage point, two flaws in the majority's argument were most troubling. Although all states had a psychotherapist privilege as part of their law, those states had enacted the law through legislation. The majority, by contrast, was creating one judicially after Congress had expressly declined to do so. The majority's justification—that the federal privilege was necessary to avoid undermining the laws of the states—seemed to Scalia to be an inverse form of preemption.
Also, the states were not uniform in their treatment of the question presented in the case—whether the testimony of a licensed social worker should be privileged from disclosure in court. Social workers serve a variety of roles and have a variety of backgrounds and training. "Does a social worker bring to bear at least a significantly heightened degree of skill — more than a minister or rabbi, for example? I have no idea, and neither does the Court."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
created a psychotherapist-patient privilege in the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
.
Facts
Mary Lu Redmond was a police officerPolice officer
A police officer is a warranted employee of a police force...
for the Village of Hoffman Estates, Illinois
Hoffman Estates, Illinois
Hoffman Estates is a northwestern suburb of Chicago in Illinois. The village is located primarily in Cook County with a small section in Kane County, Illinois. As of the 2000 census, the village population was 49,495 and estimated to be 52,520 in 2003...
. On June 27, 1991, she was the first to respond to a fight-in-progress call. She arrived to find Ricky Allen chasing another man and brandishing a butcher knife
Butcher knife
A butcher knife is a knife designed and used primarily for the butchering and/or dressing of animals.During the late 18th century to mid 1840s, the butcher knife was a key tool for mountain men. Simple, useful and cheap to produce, they were used for everything from skinning beaver, cutting food,...
. Redmond repeatedly ordered Allen to drop the knife, but Allen ignored her. At one point in the chase, it appeared to Redmond that Allen was about to stab the man he was chasing, and so she shot Allen. Allen died at the scene.
Acting as the representative of Allen's estate, Jaffee filed suit under 42 U.S.C. § 1983
Civil Rights Act of 1871
The Civil Rights Act of 1871, , enacted April 20, 1871, is a federal law in force in the United States. The Act was originally enacted a few years after the American Civil War, along with the 1870 Force Act. One of the chief reasons for its passage was to protect southern blacks from the Ku Klux...
, claiming that Redmond had used excessive force
Excessive Force
Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life With the Thrill Kill Kult.-History:...
during the altercation. Witnesses testified that Allen was not armed during the altercation. During discovery, Jaffee discovered that Redmond had sought counseling from a licensed clinical social worker
Social work
Social Work is a professional and academic discipline that seeks to improve the quality of life and wellbeing of an individual, group, or community by intervening through research, policy, community organizing, direct practice, and teaching on behalf of those afflicted with poverty or any real or...
. Jaffee sought the social worker's notes for the purpose of cross-examining Redmond at the trial. Redmond opposed the request, claiming that the notes were protected by the psychotherapist-patient privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
. The trial judge rejected this argument, and the jury later awarded Allen's estate $545,000 in damages.
Redmond appealed to the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
, which vacated the decision of the trial court and remanded. In its opinion, the privilege of which Redmond sought to avail herself did exist in federal law, and the trial court should have applied it. Jaffee asked the Supreme Court to review the Seventh Circuit's decision, and it agreed to do so.
Majority opinion
When the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
enacted the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
in 1975, it expressly left the development of evidentiary privileges to the courts. The "privilege of a witness... shall be governed by the principles of the common law as they may be interpreted... in the light of reason and experience." Under these common-law principles, the law favors compelling witnesses to give whatever evidence they can, unless there is some other "public good transcending the normally predominant principle of utilizing all rational means for ascertaining truth
Truth
Truth has a variety of meanings, such as the state of being in accord with fact or reality. It can also mean having fidelity to an original or to a standard or ideal. In a common usage, it also means constancy or sincerity in action or character...
."
The psychotherapist-patient privilege, like the attorney-client and spousal privileges, flows from society's desire to facilitate certain relationships of confidence and trust. "Effective psychotherapy
Psychotherapy
Psychotherapy is a general term referring to any form of therapeutic interaction or treatment contracted between a trained professional and a client or patient; family, couple or group...
... depends upon an atmosphere of confidence and trust in which the patient is willing to make a frank and complete disclosure of facts
Facts
Facts usually refers to the usage as a plural noun of fact, an incontrovertible truth.Facts may also refer to:*Carroll, Lewis, who wrote a poem called "Facts"*FACTS , program produced by Asia Television in Hong Kong....
, emotions, memories, and fears. Because of the sensitive nature of the problems for which individuals consult psychotherapists, disclosure of confidential communication made during counseling sessions may cause embarrassment or disgrace. For this reason, the mere possibility of disclosure may impede disclosure of the confidential relationship necessary for successful treatment." These are the important societal interests the psychotherapist-patient privilege works to protect.
By contrast, if there existed no privilege for communications between psychotherapists and their patients, people would decide not to seek treatment for mental illness, particularly illnesses and traumas that are likely to result in litigation. If there were no privilege, evidence such as that sought from Redmond by Allen's estate would not likely arise in the first place, and would remain out of court just as if it were privileged.
Two other considerations favored recognizing a federal psychotherapist-patient privilege. First, all 50 states recognized some form of the psychotherapist-patient privilege; thus, the "reason and experience" of those states counseled in favor of recognizing the privilege in federal courts. Indeed, as long as federal courts declined to recognize the privilege, those courts undermined the promise made by the states that afforded the privilege to their citizens. The secrets they shared with their psychologists could still be revealed to the world in federal courts housed across the street from the courts of their own states.
Second, the proposed draft of the Federal Rules of Evidence included nine specific privileges, one of which was a psychotherapist-patient privilege. In the past, the Court had rejected an attempt to create a state legislative privilege within the Federal Rules of Evidence because that privilege was not included in the draft version of the Rules. When it rejected the draft including specific privileges, Congress did not specifically intend to reject the individual privileges. It simply intended to leave the contours of the privileges to the Courts. For all these reasons, the Court held that a psychotherapist-patient privilege existed within the Federal Rules of Evidence.
The Court also had no trouble applying it to therapy provided by a licensed clinical social worker. Social workers provide a significant amount of mental health treatment. Their clients often are of modest means and cannot afford the assistance of psychiatrists and psychologists. The vast majority of states explicitly extend a testimonial privilege to social workers. Thus, the Court saw no reason to delimit the privilege so as to exclude social workers from the privilege.
Dissenting opinion
Justice Scalia disputed every major logical premise on which the majority's decision rested. At the heart of his dissent, however, stemmed from two basic propositions. First, that the relative social importance of psychotherapy was not established.Effective psychotherapy undoubtedly is beneficial to individuals with mental problems, and surely serves some larger social interest in maintaining a mentally stable society. But merely mentioning these values does not answer the critical question: Are they of such importance, and is the contribution of psychotherapy to them so distinctive, and is the application of normal evidentiary rules so destructive to psychotherapy, as to justify making our federal courts occasional instruments of injustice [by excluding truthful evidence from court]?
Second, the lack of sufficient basis to distinguish psychotherapists from others in society in whom people place valuable confidences. "For most of history, men and women have worked out their difficulties by talking to... parents, siblings, best friends, and bartenders—none of whom was awarded a privilege against testifying in court." As a result, he could not see how extending an evidentiary privilege to psychotherapists would facilitate mental health treatment.
From Scalia's vantage point, two flaws in the majority's argument were most troubling. Although all states had a psychotherapist privilege as part of their law, those states had enacted the law through legislation. The majority, by contrast, was creating one judicially after Congress had expressly declined to do so. The majority's justification—that the federal privilege was necessary to avoid undermining the laws of the states—seemed to Scalia to be an inverse form of preemption.
Also, the states were not uniform in their treatment of the question presented in the case—whether the testimony of a licensed social worker should be privileged from disclosure in court. Social workers serve a variety of roles and have a variety of backgrounds and training. "Does a social worker bring to bear at least a significantly heightened degree of skill — more than a minister or rabbi, for example? I have no idea, and neither does the Court."
See also
- List of United States Supreme Court cases, volume 518
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume