Redmond v. Jaffee
i.   policy–> why this privilege and not dr/patient?  b/c MD’s can dx you even if you don’t talk to them but for this type of medical relationship, if someone is not open and honest w/ you you cannot treat them at all – there is no objective testing; and the things you tell them is more personal than many of the things you tell your MD
ii.  facts:  on duty police shot man and went to counselor; P sued civil rts and tried to get records and notes of psychotherapist;
iii. elements per Jaffee (but doesn’t say much)
A.  communication confiential
B.  comminciation made in the course of dx or treatment
C.  scope (who)?  a licensed psychotherapist, psychiatrists and pscyhologists will definately be covered by privilege & licensed social worker (b/c that was in Jaffee); why?  b/c they provide a lot of mental health treatment
D.  (rejects balancing test that lower ct had adopted)
iv.  exceptions?
A.  not set out in Jafee
B.  but dicta says there must be an exception where comminication req’d to avert danger to patient or others
C.  patient litigant exception: if patient puts mental health in issue
v.  held by patient