 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bellman v. City Of Cedar Falls9/7/2000
between the mental health professional and the officers; (2) the information was acquired during this relationship; and (3) the information was necessary to enable the mental health professional to treat the officers skillfully. See State v. Deases, 518 N.W.2d 784, 787 (Iowa 1994).
We agree with the City that the matters discussed at the debriefing sessions are privileged. The record indicates the sessions were conducted by a licensed mental health professional for purposes of assisting the officers to deal with the stress of the traumatic incident they had just experienced. The District does not dispute that statements at those sessions were made during the relationship and were necessary for this treatment.
The District contends the privilege does not apply because the communications were not confidential, given the number of persons present at the sessions. It is true the privilege may be lost if the communications are made in the presence of third parties. See State v. Tornquist, 254 Iowa 1135, 1155, 120 N.W.2d 483, 495 (1963). The fact that the sessions were not conducted on a one-on-one basis, however, does not defeat the privilege. See In re Grand Jury Investigation, 918 F.2d 374, 380 (3d Cir. 1990) (observing federal privilege protective of group counseling practices). Nor does the presence of third parties defeat the privilege if they are present to assist the mental health professional in some way, or their presence is otherwise necessary to enable treatment. Deases, 518 N.W.2d at 788. Both officers Magee and Eich testified it was understood that nothing said during the sessions was to go beyond the group. Those present at the debriefings were either receiving counseling or assisting in providing the counseling services. We conclude the privilege is not defeated by the presence of third parties.
VII. Conclusion
After having considered each of the issues raised by the District, we find the district court committed no prejudicial error in any of its rulings. Accordingly, we affirm the district court judgment.
AFFIRMED.
All justices concur except Cady, J., who takes no part.
|