5 F. Supp. 3d 933
S.D. Ohio2014Background
- Defendant Lashawnda Robinson sought psychiatric treatment at Crisis Care/Good Samaritan Hospital for homicidal and suicidal ideation after her brother's 162-month sentence.
- An admitting nurse, Dianne Wilz, advised on admission procedures and confidentiality of the purse as inventoryed.
- A crisis counselor, Iris Blanchard, interviewed Robinson and reported threats to a mental health professional’s duties; hospital staff alerted police.
- Defendant allegedly stated plans to harm Judge Black, his family, the AUSA, and Danny O’Brien, including use of syringes with bleach.
- Robinson was charged in a separate federal case with threatening to assault and murder a United States Judge and a United States Attorney under 18 U.S.C. § 115(a)(1)(B).
- The Government moved to reconsider the prior ruling granting Robinson’s Motion in Limine to exclude psychotherapist-patient communications and records; the Court denied reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether psychotherapist-patient privilege covers treatment-stage intermediaries | Government argues privilege is narrow or limited | Robinson's communications were part of treatment and protected | Privilege applies to communications during treatment and to necessary intermediaries |
| Whether waiver occurred via proposed jury instructions | Defense theory could be impliedly supported by evidence | No waiver without trial evidence; instructions not yet supported | Waiver not established; no evidence supports the proposed instructions |
| Whether federal privilege governs scope over state-law notions | State-law notions should limit privilege | Federal privilege precedent controls in federal cases | Federal psychotherapist-patient privilege governs and extends to intermediaries |
| Whether intake/ admitting-nurse communications are protected | Intake nurse communications may be covered if within treatment scope | Ghane limits privilege to licensed therapists | Privilege extends to necessary intermediaries in hospital admission for treatment |
Key Cases Cited
- Jaffee v. Redmond, 518 U.S. 1 (U.S. 1996) (psychotherapist privilege promotes treatment by ensuring confidentiality)
- United States v. Hayes, 227 F.3d 578 (6th Cir. 2000) ( Sixth Circuit recognizes psychotherapist-patient privilege in federal law)
- United States v. Ghane, 673 F.3d 771 (8th Cir. 2012) (intake-not-therapist communications not covered if not treated by licensed therapist)
- In re Lindsey, 158 F.3d 1263 (D.C.Cir. 1998) (intermediaries doctrine; confidences for obtaining mental health treatment fit privilege)
- United States v. Bek, 493 F.3d 790 (7th Cir. 2007) (federal privilege scope remains under federal standard)