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IN RE DOE

No. 702, Docket 91-1467.

964 F.2d 1325 (1992)

In re John DOE, Appellant. UNITED STATES of America, Plaintiff, v. Steven DIAMOND, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Barry C. Scheck (Lawrence A. Vogelman, Ellen Yaroshefsky, New York City, of counsel), for appellant.

Joseph W. Ryan, Jr. (L. Kevin Sheridan, Joseph W. Ryan, Jr., P.C., Uniondale, N.Y., of counsel), for defendant-appellee.

Joel I. Klein (David Ledecky, Klein, Farr, Smith & Taranto, Washington, D.C., of counsel), for amicus curiae American Psychiatric Ass'n in support of appellant.

Before MESKILL, KEARSE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from Chief Judge Platt's order holding appellant John Doe in civil contempt pursuant to 28 U.S.C. § 1826 (1988), for refusing to answer questions regarding his psychiatric history. Appellant is scheduled to be a key government witness in the extortion trial of Steven Diamond. The issues on appeal are whether we should recognize a psychotherapist-patient privilege and whether that privilege shields appellant from the civil...

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