Tarasoff v. Regents of the University of California
| Tarasoff v. Regents of the University of California | |
|---|---|
 |
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| Court | Supreme Court of California |
| Full case name | Vladimir Tarasoff, et al., Plaintiffs-Petitioners v. Regents of the University of California, et al., Defendants-Respondents. |
| Decided | July 1 1976 |
| Citation(s) | 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 |
| Case history | |
| Prior action(s) | Appeal from sustained demurrer |
| Holding | |
| Psychotherapists have a duty to protect an individual they reasonably believe to be at risk of injury on the basis of a patient's confidential statements. | |
| Court membership | |
| Chief Judge | Donald Wright |
| Associate Judges | Raymond L. Sullivan, Marshall F. McComb, Matthew O. Tobriner, William P. Clark, Jr., Stanley Mosk, Frank K. Richardson |
| Case opinions | |
| Majority | Tobriner, joined by Wright, Sullivan, Richardson |
| Concur/dissent | Mosk |
| Dissent | Clark, joined by McComb |
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim, and/or taking other reasonable steps to protect the threatened individual.
Prosenjit Poddar was a student from Bengal, India. He entered the University of California, Berkeley as a graduate student in September 1967 and resided at International House. In the fall of 1968, he attended folk dancing classes at the International House, and it was there he met Tatiana Tarasoff. They dated, but apparently had different ideas about the relationship; he interpreted their relationship to be serious. This view was not shared by Tarasoff who, upon learning of his feelings, told him that she was also involved with other men and that she was not interested in entering into an intimate relationship with him. This gave rise to feelings of resentment in Poddar. He began to stalk her.
After this rebuff, Poddar underwent a severe emotional crisis. He became depressed and neglected his appearance, his studies, and his health. He remained by himself, speaking disjointedly and often weeping. This condition persisted, with steady deterioration, throughout the spring and into the summer of 1969. Poddar had occasional meetings with Tarasoff during this period and tape recorded their various conversations to try to find out why she did not love him.
During the summer of 1969, Tarasoff went to South America. After her departure Poddar began to improve and at the suggestion of a friend sought psychological assistance. Prosenjit Poddar was a patient of Dr. Lawrence Moore, a psychologist at UC Berkeley's Cowell Memorial Hospital in 1969. Poddar confided his intent to kill Tarasoff. Dr. Moore requested that the campus police detain Poddar, writing that, in his opinion, Poddar was suffering from paranoid schizophrenia, acute and severe. The psychologist recommended that the defendant be civilly committed as a dangerous person. Poddar was detained but shortly thereafter released, as he appeared rational. Dr. Moore's supervisor, Dr. Harvey Powelson, then ordered that Poddar not be subject to further detention.
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