Tarasoff v. Regents of the University of California
Tomorrow's Daily Bulletin newspaper (and Web site) will include two articles detailing Eric Brockway's latest legal troubles.
Brockway is accused of threatening to kill the victim and a witness in his trial for attempted murder, a charge on which he was acquitted Sept. 19.
Brockway apparently visited a Yucaipa mental-health clinic seeking help for his bipolar disorder, and in order to demonstrate his dire mental state, he told a worker there he wished to kill the two men, then kill himself.
Because of the landmark 1970s state Supreme Court decision in Tarasoff v. Regents of the University of California, the mental-health worker was obligated to report the threats to authorities.
The case involves the 1969 killing of UC Berkeley student Tatiana Tarasoff. An Indian exchange student she met in 1967, Prosenjit Poddar, pursued her romantically but she rejected his advances.
![tarasoff[1].gif](http://www.insidesocal.com/sb/iecourts/tarasoff%5B1%5D-thumb-150x140.gif)
Poddar, apparently despondent over the rejection, sought counseling for his grief and during therapy sessions said he wanted to kill the woman.
After he carried out the killing, Tarasoff's family took action against the university and others for failing to notify Tarasoff of the threat and for failing to properly notify police.
Lower courts initially ruled in favor of the university, but the state Supreme Court ruled in favor of the family, stating that mental-health professionals must report threats they deem credible.
Click here to view a 31-page pdf file of the court's decision.
Brockway is accused of threatening to kill the victim and a witness in his trial for attempted murder, a charge on which he was acquitted Sept. 19.
Brockway apparently visited a Yucaipa mental-health clinic seeking help for his bipolar disorder, and in order to demonstrate his dire mental state, he told a worker there he wished to kill the two men, then kill himself.
Because of the landmark 1970s state Supreme Court decision in Tarasoff v. Regents of the University of California, the mental-health worker was obligated to report the threats to authorities.
The case involves the 1969 killing of UC Berkeley student Tatiana Tarasoff. An Indian exchange student she met in 1967, Prosenjit Poddar, pursued her romantically but she rejected his advances.
![tarasoff[1].gif](http://www.insidesocal.com/sb/iecourts/tarasoff%5B1%5D.gif)
Poddar, apparently despondent over the rejection, sought counseling for his grief and during therapy sessions said he wanted to kill the woman.
After he carried out the killing, Tarasoff's family took action against the university and others for failing to notify Tarasoff of the threat and for failing to properly notify police.
Lower courts initially ruled in favor of the university, but the state Supreme Court ruled in favor of the family, stating that mental-health professionals must report threats they deem credible.
Click here to view a 31-page pdf file of the court's decision.
I am a middle school teacher and one of my students wrote a death list that consisted of myself, a co-worker, six 8th grade students, and one seventh grade student. I felt uneasy about the situation and because my school district refused to discipline the student who wrote the list, I informed two of the parents. I did not identify the student's name (age 14) and the two parents were threatened by my administer to tell who informed them. The parents felt intimidated and told them that I had informed them. The superintendent has given me a letter that my contract will not be renewed as punishment for telling the parents. None of the parents were notified, and the student that wrote the list was allowed back to the classes with the children on the list. I gave a copy of the list to the local sheriff. Why am I being punished?????????
Thank you,
Ann Adams
n8b5yg
Ann,
Let me share a thought with you...
if you feel as if you are being punished, think about this. if this person carries through with their list, you will not be there when the event takes place. You have done what you should to protect others, now protect yourself.
Something similar to this happened locally, a high school boy wrote a letter about killing a teacher. He was expelled. The next year he was allowed to return to the school! Schools have become more concerned with not upsetting a student than protecting their employees. Find a job where you will be protected and supported!
Don't feel punished, feel protected. you will not be in the same building with this obviously troubled student. I just hope someone allows this child to get the treatment he so desperately needs!
Good Luck!
You should have consulted with the principal and if he still didn't want to do anything like go to the police, you should have gone to the police, which you did. Good. Child services could have also been contacted.
You have done a good thing. The high school principal is wrong and you need to see a lawyer and the school board. They cannot fire you for that. He should be fired. I believe you have been wrongfully dismissed and the school will be liable if some poor kid dies.
Maybe this is already settled. I would go to the head of the school board. If this doesn't work....sue them for wrongful dismissal.