Tarasoff V. Regents of The University of California - Facts

Facts

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 saw each other weekly throughout the fall, and on New Year's Eve she kissed Poddar. He interpreted the act to be a recognition of the existence of a serious relationship. This view was not shared by Tarasoff who, upon learning of his feelings, told him that she was involved with other men and otherwise indicated 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 and apparently developed a wish for revenge.

As a result of 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.

In October, after Tarasoff had returned, Poddar stopped seeing his psychologist. Neither Tarasoff nor her parents received any warning of the threat. Poddar then befriended Tarasoff's brother, even moving in with him. Several months later, on October 27, 1969, Poddar carried out the plan he had confided to his psychologist, stabbing and killing Tarasoff. Tarasoff's parents then sued Moore and various other employees of the University.

Poddar was subsequently convicted of second-degree murder, but the conviction was later appealed and overturned on the grounds that the jury was inadequately instructed. A second trial was not held, and Poddar was released on the condition that he would return to India.