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Tuesday, January 29, 2013

Two Cases Of Interest For The Aurora Theater Shooting: Tarasoff v. Regents of the University of California (1976) & Jablonski v. U.S. (1983)

Are mental health workers supposed to help their clients,
or do they have a duty to protect the public from harm?
Dr. Lynne Fenton, the Aurora theater shooter's former psychiatrist, and the University of Colorado Hospital are facing several lawsuits from victims and victims' families. I wrote about the challenges facing the plaintiffs' attorneys in a blog post here. Assuming the attorneys are able to convince the court to order Dr. Fenton to release the shooter's records, there are two key legal cases that will play a part in the success or the failure of the lawsuits.

Tatiana Tarasoff
First, is Tarasoff v. Regents of the University of California (1976). In this case, a UC-Berkeley student stalked, stabbed, and killed Tatiana Tarasoff, another student of the University. The murderer, who ended up getting off scott-free because of a technicality, had been treated for mental illness at the university's hospital. His treating psychologists failed to warn Ms. Tarasoff of the danger she was in. In 1974, the California Supreme Court ruled the university had a duty to warn her.

Two years later, the case made its way back to the California Supreme Court. At that time, the Court clarified its first ruling, and they found the university actually had a duty to protect Ms. Tarasoff. In the discharge of that duty, they stated the hospital should have notified the potential victim, called the police, and taken whatever steps that were "reasonably necessary under the circumstances." They further clarified that the university had a duty to break the killer's confidentiality in order to protect the potential victim. The most famous quote from this decision is, "The protective privilege ends where the public peril begins."

Prosenjit Poddar, Ms. Tarasoff's killer
One of the keys in the Tarasoff ruling was that the risk of violence must be such that the intended victim is in "foreseeable danger." More on that later.

The second case is Jablonski v. U.S. In this case, a man with a severe personality disorder and a history of rape and violence killed his girlfriend. The daughter of the girlfriend sued a hospital that failed to involuntarily hospitalize the man several weeks before the killing because they did not gather adequate information about him prior to making the decision to release him. The suit alleged the hospital also failed to warn the intended victim.

In this case, the trial court ruled the hospital was negligent for both above-mentioned reasons. The court ruled the hospital had an absolute duty to warn the girlfriend she was in foreseeable danger. On appeal, the Appeals Court affirmed the lower court's decision.

So, how do these cases relate to the lawsuits against Dr. Fenton? The Tarasoff decision would dictate that Dr. Fenton had a duty to protect potential victims from the shooter. Plaintiff's attorneys could argue she should have called the Aurora police and done more to escalate her concerns through the University of Colorado's emergency management system. She also could have had him involuntarily committed when campus police asked her if the shooter needed that level of care about a month before the shooting.

The tricky aspect with Tarasoff is that it is a California Supreme Court decision. Thus, it does not necessarily hold for different states. A defense attorney could argue there is no duty to protect spelled out in Colorado law the way it is in California. That is where the Jablonski decision becomes important. This was a decision through the U.S. Court of Appeals. Although it did not establish the duty to protect on the Federal level, it certainly established the duty to warn. And, the duty to protect, as it is described in the Tarasoff decision, has now become the standard of practice to which psychologists and psychiatrists are held, regardless of what state they work in.

The risk of harm is not always as foreseeable to
mental health workers as it is to this woman.
One final note: The attorneys who are suing Dr. Fenton have case law on their side, but they must prove one very important aspect regarding her treatment of the shooter--they must demonstrate Dr. Fenton knew, or should have known, there was "foreseeable danger." This will be a difficult task. First, most people who experience homicidal or suicidal thoughts never act on those thoughts. Plus, many patients will never tell their doctors about their homicidal thinking. Dr. Fenton will have had to have known about the shooter's homicidal ideation and believed it to be imminent enough that there was a duty to protect the public. Plus, she would have needed to know he had a specific plan against a person or a group of people (like a group of moviegoers).

Thanks for reading-- Max Wachtel, Ph.D.
www.CherryCreekPsychology.com
www.Facebook.com/drmaxwachtel
www.Twitter.com/mwachtel

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Whenever possible, take your workout Max Grow Xtreme outdoors. Hiking, playing tennis and going to the beach are just a few ideas you can try. The fresh air and physical activity will help you feel refreshed even as you get a wonderful workout. Working out outdoors can reduce your stress and help you think clearer.

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It's of utmost importance to take Parisian Secret

care of your skin, especially if you wear makeup. Use two steps when washing your face if you use sunscreen or makeup. First you need to get the product removed by using a cleanser that's gentle. Next you should use a special hydration wash to clean.



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Mix up the back-grip. Use a mixed Parisian Secret
or staged grip to perform rack pulls or deadlifts to achieve greater strength. Staggered grips help twist the weight bar in one direction, working your muscles a certain way, while an underhand grip twists the weight bar in the opposite direction, working your muscles differently. This stops the bar from rolling all over your hands.


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If you feel hungry, try a protein Parisian Secret shake. You can mix up a small amount of the powder with ice, and this will curb hunger and provide you with extra self confidence.



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If you want to increase your muscle Alpha Plus Test Booster

mass, you must be careful about your caloric consumption. There are good calories and bad; so focus on consuming healthy whole grains and lean protein along with a good quantity of fresh fruits and veggies. If you eat a poor diet, you will be unable to build muscle mass.


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Be sure you set some realistic XL Test Plus
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The crazybulk bulking stack is a type of nutritional supplement, similar to the other products that are available from crazy bulk. The ingredients that are used in this nutritional supplement are effective and it is the best supplement to provide the muscle weight to the skinny body frame. There are various benefits of using this supplement to gain the weight for a skinny frame. One will be able to achieve the normal body weight, get more nutrition for a healthy body and also get the improved muscle mass. There are also various other supplements from crazy bulk, which when combined with this supplement will definitely provide the best results in a safe manner.
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Use plates that are smaller.Marvels of Nature Garcinia
Since plates have gotten larger over time, they make you think you need to eat more. By making use of a salad plate, you'll trick yourself enabling you to eat less.




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It is important for wintertime LIFTesse
moisturizers to be made with oils such as mineral oil, almond oil or other types of oils that do not clog pores Dry skin sufferers whose condition has become painful should stop using all harsh astringents, facial masks or peels

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If you are going to focus on doing one vital thing for skin care, then avoid using a tanning bed. Meanwhile, tanning machines advertise that they are Avalure Cream
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Pure Divine


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When working out, keep in mind Testo Max HD that your smaller muscle groups will tire sooner than your larger ones will. You should start your workout with dumbbells, followed by a barbell and then finish up on machines.
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You should choose exercises adapted to your level VigRX You have to understand that the average person cannot train like a professional bodybuilder VigRX Be realistic about your body type and health to develop a routine that will not exhaust you or damage your muscles VigRX As you progress, you will be able to transform your routine VigRX
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It is a good idea to work out in the presence of others in order for you to push yourself to your limit Zynev Many people slack off a bit when they are lifting weights if they know that no one is there to notice that they are not working as hard as they could be Zynev
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Atul Gupta is the chief co- founder and CEO of Tools Energy, a Finance Investment. The organization that finances and develops an adaptable power device system that delivers reliable, clean and competitive energy from an extensive range of fuels....


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They serve as a type of joint lubrication and increase the body's testosterone. This can also create healthy muscle growth in your body. Just remember to stay away from saturated fats, because the aren't a heart-healthy option.It is necessary to monitor your calories, if you want to build muscle. There are good calories and bad calories, and it is important to know which is which, if you want to build muscle. An inappropriate diet will weigh you down with fat, not muscleYour muscle building goals should be difficult but attainable. Good results come incrementally over months of working out. If you use substances like steroids or other drugs, you may be facing severe health issues in the
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Do not attempt extreme cardio training with weight training Test X180 Alpha Done within reason, this combo can be truly beneficial for your health, but when done in extreme fashions can contradict one another minimizing the results that you see from either one of them Test X180 Alpha Pick one to focus on and stay committed to working on it regularly Test X180 Alpha
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Avila Serum

To get rid of dead skin on your face, use an exfoliating scrub. The more dead skin there is, the duller you'll look. Exfoliating leaves you looking bright and fresh. In addition, exfoliating reduces the appearance of pores by removing oil and dirt trapped underneath the skin's surface.Cleansing your skin is one of the most effective ways to enjoy healthy, attractive skin. Washing your face can reduce blemishes and redness on your skin. You can save money, time and stress by doing your homework before purchasing skin care products. Sometimes, simpler and less expensive products are best.
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Consuming an excess amount of sugar can cause your skin to sag and develop wrinkles.Don't rub with too much pressure when you are exfoliating your skin. This can damage the skin and cause it to become very irritated. Just take your time, and exfoliate longer if you want a deep cleaning. You can get deeper into the pores and avoid harm by doing this.
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