S.D. Texas· 9/15/2006

James v. Harris County

Citations

237 F.R.D. 606
71 Fed. R. Serv. 311
2006 U.S. Dist. LEXIS 66404
2006 WL 2666420

How courts have described this case

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

requiring party asserting psychotherapist privilege to “establish both the existence of the privilege and the absence of waiver”
“The determinative factor assessing the existence of a psychotherapist-patient privilege is whether an officer had a reasonable expectation of confidentiality relating to the post-incident counseling session or evaluation.”
\The party asserting a privilege has the burden to demonstrate that the privilege exists under the circumstances presented. Courts typically hold that waiver is a negative burden that the privilege proponent must satisfy.\ (citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Atlas

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