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Some therapist-patient communications not privileged, court says.

Publication: Trial
Publication Date: 01-MAY-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The therapist-patient privilege does not apply to threats made by a patient directly to his or her therapist when the patient had reason to believe the therapist would report the threats, the Fifth Circuit has ruled. In reversing a trial court order to suppress evidence of the threats, the court acknowledged a split on this issue in federal courts and cited contrary rulings from the Sixth and Ninth circuits. (United States v. Auster, 517 F.3d 312 (5th Cir. 2008).)

John Auster, a retired New Orleans police officer, began undergoing psychotherapy for paranoia and depression in 1989. His doctors were Fred Davis and Harold Ginzburg. The therapy was paid...

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