Ninth Circuit Refuses to Recognize 
?Dangerous Patient? Exception to Federal Psychotherapist-Patient Testimonial 
Privilege 
The Ninth Circuit of the U.S. Court of Appeals ruled that although 
therapists have a duty to warn authorities about patients? threats to inflict 
serious harm on others, this does not mean they may testify in subsequent 
federal court proceedings about these statements.  In this case, the defendant 
suggested during therapy sessions that he might injure FBI agents and other 
individuals.  The psychotherapist alerted law enforcement personnel and, after 
the psychotherapist testified at trial about the defendant?s threats, the 
defendant was convicted of threatening to murder federal agents.  
The Ninth Circuit held the psychotherapist?s testimony should not have been 
admitted because the defendant?s conversations with her were protected by the 
federal psychotherapist-patient testimonial privilege and refused to recognize a 
?dangerous patient? exception to the federal psychotherapist-patient testimonial 
privilege.  The court determined that just because therapists have a duty to 
warn authorities about patients? threats does not mean they may testify in court 
proceedings about confidential statements made during therapy sessions.  The 
court reasoned that the urgency to act that creates a duty to warn will normally 
have subsided by the time the case is brought to trial.  The court concluded the 
protection of society would increase only slightly by allowing this testimony 
and it would not outweigh the harm done to the psychotherapist-patient 
relationship.  A dissenting opinion argued ?the social interest in assuring that 
the judge and jury know the whole truth greatly exceeds the value of preserving 
any remaining shreds of the confidential therapeutic relationship.?  The Ninth 
Circuit ruling is consistent with that of the Sixth Circuit but is contrary to 
that of the Tenth Circuit.  United States v. Chase, 340 F.3d 978 (9th Cir. 
2003); 72(9) U.S. Law Week 1145-46 (Sept. 16, 2003). 
 
http://psa-uny.org/jr/cases/chase2.htm