Jaffee v. Redmond

Facts

On June 27, 1991, Redmond was the first officer to respond to a “fight in progress” call at an apartment  complex. As she arrived at the scene, two individuals ran toward their car, shouting that there had been a stabbing in one of the apartments. Before Redmond reached the building, several men ran out, one waving a pipe. Two other men then burst out of the building, one Ricky Allen, chasing the other. Redmond testified that Allen was brandishing a butcher knife and disregarded her repeated commands to drop the weapon. Redmond shot Allen and Allen died at the scene. Petitioner filed suit alleging that Redmond had violated Allen’s constitutional rights by using excessive force. At trial, petitioner presented testimony from members of Allen’s family that conflicted with Redmond’s version of the incident. During discovery, petitioner learned that after the shooting Redmond had participated in a bout 50 counseling sessions with Karen Beyer, a clinical social worker. Petitioner sought access to Beyer’s notes concerning the sessions for use. Respondents resisted the discovery, asserting that the contents of the conversation between Beyer and Redmond was protected against involuntary disclosure by a psychotherapist-patient privilege.