Dr. Trudy Bond VS Louisiana State Board of Examiners of Psychologists

 Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 CA 1735 DR TRUDY BOND VERSUS LOUISIANA STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS Judgment rendered JUN 1 1 2010 On Appeal from the Nineteenth Judicial District Court Parish of East Baton Rouge State of Louisiana Suit Number 569 Division I 24 127 The Honorable R Michael Caldwell Judge Presiding Linn Foster Freedman Counsel for PlaintiffAppellant Providence Rhode Island Dr Trudy Bond Amy Groves Lowe Counsel for DefendantAppellee Baton Rouge Louisiana LA State Board of Examiners of Psychologists David Finger Psychologists for Social Responsibility Loyola University O P Box 902 New Orleans Louisiana BEFORE PARRO DOWNING AND GAIDRY JJ DOWNING J The issue for our consideration is whether a complainant has a right of action to seek judicial review after a professional licensing board fails to pursue disciplinary proceedings against one of its members Dr Trudy Bond an Ohio psychologist lodged a complaint with the Louisiana State Board of Examiners of Psychologists LSBEP alleging that a psychologist licensed in Louisiana violated ethical standards of psychology by his mistreatment of foreign detainees while serving in the military at the U military S base at Guantanamo Bay Cuba After investigating the complaint LSBEP took no disciplinary action against the member and rendered no decision in the matter Dr Bond filed a petition for judicial review requesting that the district court remand the matter to LSBEP and order LSBEP to conduct a complete investigation and to hold a hearing LSBEP responded by filing an exception of no right of action The district court sustaining the exception dismissed Dr s Bond petition for judicial review Dr Bond appealed For the following reasons we affirm the district court judgment Louisiana Revised Statutes 37 5gives LSBEP the authority to 2353C revoke or suspend the license of a psychologist and conduct hearings upon complaints concerning the disciplining of a psychologist La R 37 S 2353E provides that any person aggrieved by an action of the board may seek judicial review in the 19 Judicial District Court in accordance with La R 49 et S 950 seq the Administrative Procedure Act APA Emphasis added In the underlying administrative matter no action was taken and there is no person aggrieved within the legal meaning ofthat term Dr Bond has not alleged that she has treated any of the detainees whom she claims were mistreated Dr Bond also filed a petition for declaratory judgment action praying for the district court to declare that her complaint had t cen timely filed Fhe discussion on this assignment of error is pretermitted An amicus brief in support of Dr Bond position was filed oil behalf of five nonprofit organizations by the s Loyola University Ncw Orleans College of Law We recognize their arguments and their positions are incolporated into our analysis 2 For purposes of determining availability ofjudicial review under the APA adjudication is a proceeding resulting in a decision or an order Southern University and A Jones v M College System 96 1430 p 6 La 1 Cir App 97 9 5 693 So 1265 1269 A decision or order for purposes of the APA is a 2d disposition required by constitution or statute Id Therefore unless there is some constitutional or statutory provision requiring LSBEP to render a decision or order then there was nothing for the district court to review The law sets forth no provision requiring LSBEP to act Therefore no right of action exists to make them do so Moreover Dr Bond and the amici brief argue that La R 37 et seq S 2351 requires LSBEP to take disciplinary action upon concluding that an enumerated offense has been committed Here however we have no such conclusion that an enumerated offense has been committed No authority has been cited and we find none that forces LSBEP to discipline its member after the investigation of the alleged offense has been concluded The exception of no right of action calls into question whether the plaintiff has standing or interest required under the law to bring the action League of Women Voters of New Orleans v The City of New Orleans 381 So 441 2d 447 La 1980 Stated in the context of the present litigation the exception of no right of action asks whether Dr Bond has standing to obtain an order against LSBEP requiring it to take action in this matter While Dr Bond contends that she had a duty to report the psychologist unethical conduct she must have a real s and actual interest in the action on order to be entitled to a judicial review Id 381 2d So at 447 La 1980 citing LaC art 681 Without a showing of some P C special interest in the performance sought of a public board which is separate and distinct from the interest of the public at large plaintiff will not be permitted to proceed Id Without some peculiar special and individual interest a citizen has 3 no standing in court to champion a cause or subject matter that pertains to the whole people in common nor has an individual citizen legal standing in court to enforce the performance of a duty owed to the general public Id Here Dr Bond has shown no particular special or individual interest Therefore while Dr Bond may have a professional or ethical duty as a psychologist to file a complaint with LSBEP about a fellow psychologist s interrogation techniques she however has no justiciable right to maintain this action for judicial review We therefore comply with our judicial duty and affirm the district court judgment dismissing her claim on the exception of no right of s action the cost of this appeal is assessed to plaintiff appellant Dr Trudy Bond AFFIRMED See also Wooley v State Farm Fire 23 621 Cas Ins Co 05 1490 pp 4 8 La 1 Cir 2 10 928 So 618 App 06 2d E

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.