Jaffee v. Redmond

Supreme Court of the United States · 1996 · Evidence

518 U.S. 1 (1996)

Updated August 1, 2026

Evidencepsychotherapist-patient privilegeRule 501testimonial privilegespsychotherapist privilegelicensed social workersconfidential communicationsdiagnosis or treatment

Facts

After shooting and killing Ricky Allen while on patrol, police officer Mary Lu Redmond participated in about 50 counseling sessions with Karen Beyer, a licensed clinical social worker employed by the Village of Hoffman Estates. In discovery in the ensuing federal civil action, petitioner sought Beyer's notes to use in cross-examining Redmond. Respondents claimed the conversations were protected by a psychotherapist-patient privilege, but the district court rejected the claim and instructed the jury it could presume the undisclosed notes would have been unfavorable to respondents. The legal issue concerned whether those counseling communications and notes were protected from compelled disclosure in federal court.

Issue

Whether federal courts should recognize a psychotherapist-patient privilege under Federal Rule of Evidence 501. More specifically, whether confidential communications between a patient and a licensed clinical social worker during psychotherapy are protected from compelled disclosure in a federal civil action.

Rule

Under Federal Rule of Evidence 501, confidential communications between a licensed psychotherapist and her patients in the course of diagnosis or treatment are protected from compelled disclosure. The federal privilege also extends to confidential communications made to licensed social workers in the course of psychotherapy, and it is not subject to ad hoc balancing based on a trial judge's later assessment of evidentiary need versus privacy interests.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

After a refinery explosion in Tulsa, Omar Nasser was sued in federal court by several injured contractors. During discovery, the plaintiffs learned that Omar had attended confidential trauma-treatment sessions with Dr. Lena Corbett, a licensed psychologist, and they moved to compel Dr. Corbett's session notes because Omar's statements might bear on whether he ignored safety warnings.

How should the federal court rule on the motion to compel?

Explanation. Rule 501 allows federal courts to recognize privileges in light of reason and experience. The governing rule protects confidential communications between a licensed psychotherapist and a patient made in the course of diagnosis or treatment, and that protection extends to notes memorializing those sessions. The privilege is not defeated merely because the statements may be probative admissions.