[Congressional Record Volume 140, Number 25 (Wednesday, March 9, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                             HELP OUR COPS

                                 ______


                          HON. PHILIP M. CRANE

                              of illinois

                    in the house of representatives

                        Wednesday, March 9, 1994

  Mr. CRANE. Mr. Speaker, today I am introducing legislation designed 
to ensure that police officers will be able to seek and secure 
psychiatric counseling to assist them in dealing with the unusual 
stresses of their profession.
  A village in my district, Hoffman Estates, IL, recently became a 
victim of the Federal court system. On June 27, 1991 then village 
police officer Marylu Redmond shot and killed Ricky Allen in the line 
of duty. As a standard procedure, the village provided the officer with 
a licensed social worker, Karen Beyer, to deal with the trauma of 
taking the life of another human being. Confidentiality was assured 
since a State statute held that it would be a criminal offense to 
violate the privilege between counselor and patient. While the 
officer's action was found justifiable by the country prosecutor, a 
civil suit under 42 U.S.C. 1983 was filed by the family of the offender 
and a second count for wrongful death under State tort law was filed.
  During the trail, U.S. District Court Judge Milton Shadur ordered 
Miss Redmond and Miss Beyer to release the records of their more than 
60 counseling sessions. When both refused, Judge Shadur placed Miss 
Redmond in contempt and, as a sanction, ordered the jurors to presume 
that the records, which were never given to the court, be considered as 
damaging to Miss Redmond's credibility. As a result of this ruling, the 
jury found that Miss Redmond has violated Mr. Allen's civil rights. 
Miss Redmond was then ordered to pay $45,000 to the estate of Mr. Allen 
for the civil rights violation, and the village and Miss Redmond were 
ordered to pay $500,000 for the State wrongful death tort action.
  According to rule 501 of the Federal Rules of Evidence, a State 
privilege, in this case the privilege between a licensed social worker 
and a client, is recognized only at the discretion of the court. While 
Judge Shadur could have recognized this privilege which must be honored 
under State law, he chose not to do so. My bill will ensure that State 
rules of evidence on privileges apply in cases such as Miss Redmond's 
where she was charged with a constitutional violation under 42 U.S.C. 
1983 which requires that a police officer act under color of State law.
  As the attorney for Hoffman Estates, Richard Williams, noted, ``no 
police officer or person may now safely and securely seek psychiatric 
counseling or assistance without being subject to a Federal Court 
ordered denial of privilege.'' As a result of the recent Federal 
prosecutions of the police officers involved in the Rodney King case in 
Los Angeles, State and local governments and their police agencies are 
under even more scrutiny. If this practice ordered by Judge Shadur 
becomes more prevalent, police agencies must either deny their officers 
much needed help, or risk suit in Federal court. I believe that 
Congress should recognize the privilege created by those States which 
provide their police officers with proper and privileged counseling.
  I ask my colleagues to support me in this effort to protect our State 
and local governments and their police agencies. We must not allow such 
an injustice to continue.

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