Hasenei v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• United States not liable for release of voluntary outpatient by Veteran's Administration psychiatrist under section 315 duty to control
• hospital had no ability to control a voluntary outpatient and therefore no duty was imposed on the hospital to control him
• relationship between psychiatrist and voluntary outpatient typically lacks sufficient element of control necessary to create duty to protect third person, and lack of control is often encouraged
• United States not liable for release of voluntary outpatient by Veteran’s Administration psychiatrist under section 315 duty to control
• psychiatrist who had no right or ability to control voluntary outpatient's behavior could not be held liable for failure to warn patient's victim, especially where psychiatrist unable to predict identifiable danger posed by patient to any person
• absent a relationship involving the right or ability on the psychotherapist's part to control a third person's conduct, exception to general rule in Restatement § 315 that there is no duty to control conduct of third person for protection of others should not be applicable

Source: CourtListener parenthetical corpus (CC0).