Evidence keyed to Waltz
Jaffee v. Redmond
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On June 27, 1991, the Respondent, responded to a fight at an apartment complex. The Respondent shot Mr. Allen believing he was about to stab a man he was chasing. The administrator of Mr. Allen’s estate, the Petitioner, filed suit in Federal District Court alleging the Respondent violated Mr. Allen’s constitutional rights by using excessive force. During discovery, the Petitioner learned that the Respondent participated in 50 counseling sessions with a clinical social worker, Karen Beyer (“Ms. Beyer”). The Petitioner sought access to the notes taken by Ms. Beyer during those sessions and the Respondent resisted their discovery arguing that disclosure should be prevented because of a psychotherapist-patient privilege. The district judge allowed the discovery, but neither Ms. Beyer nor the Respondent complied with the request. 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 hav e been unfavorable to the Respondent. The jury awarded the Petitioner $45,000 on the federal claim and $500,000 on her state-law claim. The Court of Appeals for the Seventh Circuit (“Seventh Circuit”) reversed and remanded for a new trial concluding that a psychotherapist-patient privilege should be recognized.
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