Campbell v. American Psychological Ass'n

68 F. Supp. 2d 768, 1999 U.S. Dist. LEXIS 20535, 1999 WL 777902
CourtDistrict Court, W.D. Texas
DecidedMay 25, 1999
DocketNo. MO-99-CA-16
StatusPublished

This text of 68 F. Supp. 2d 768 (Campbell v. American Psychological Ass'n) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. American Psychological Ass'n, 68 F. Supp. 2d 768, 1999 U.S. Dist. LEXIS 20535, 1999 WL 777902 (W.D. Tex. 1999).

Opinion

ORDER

BUNTON, District Judge.

BEFORE THE COURT, in the above-captioned cause of action, are Defendant American Psychological Association’s Motion to Dismiss, filed January 29, 1999; Plaintiff Olga M. Campbell’s Response in Opposition to Defendant’s Motion to Dismiss, filed February 11, 1999; Defendant’s Reply in Support of Motion to Dismiss, filed February 22, 1999; Defendant’s Motion for Summary Judgment, filed April 27, 1999; Plaintiffs Response to Defendant’s Motion for Summary Judgment, filed May 11, 1999; and Defendant’s Reply in Support of Summary Judgment Motion, filed May 19,1999. With trial set for June 1, 1999, the Court will apply a summary judgment standard and consider Defendant’s Motion to Dismiss together with Defendant’s Motion for Summary Judgment. Thus, after due consideration, the Court is of the opinion that the following Order is appropriate.

I. STANDARD FOR SUMMARY JUDGMENT

Summary judgment, “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Hansen v. Continental Ins. Co., 940 F.2d 971, 975 (5th Cir.1991); Hogue v. Royse City, 939 [772]*772F.2d 1249, 1252 (5th Cir.1991). “Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed ‘to secure the just, speedy and inexpensive determination of every action.’ ” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 1).

“All facts contained in the pleadings, depositions, admissions, and answers to interrogatories are reviewed by ‘drawing all inferences most favorable to the party opposing the motion.’ ” James v. Sadler, 909 F.2d 834, 836 (5th Cir.1990) (quoting Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577, 578 (5th Cir.1986)); Waltman v. Int'l Paper Co., 875 F.2d 468, 474 (5th Cir.1989); Moore v. Mississippi Valley State Univ., 871 F.2d 545, 549 (5th Cir.1989); Degan v. Ford Motor Co., 869 F.2d 889, 892 (5th Cir.1989). However,

[w]hen a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading, but ... must set forth specific facts showing that there is a genuine issue for trial.

Duplantis v. Shell Offshore, Inc., 948 F.2d 187, 190-91 (5th Cir.1991) (quoting Fed. R.Civ.P. 56(e)).

Accordingly, the focus of this Court is upon disputes over material facts; that is, only facts likely to affect the outcome of the lawsuit under the governing substantive law will preclude summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Phillips Oil Co. v. OKC Corp., 812 F.2d 265, 272 (5th Cir.), cert. denied, 484 U.S. 851, 108 S.Ct. 152, 98 L.Ed.2d 107 (1987). The Fifth Circuit has stated, “[t]he standard of review is not merely whether there is a sufficient factual dispute to permit the case to go forward, but whether a rational trier of fact could find for the non-moving party based upon the record evidence before the court.” James, 909 F.2d at 837; see Matsushita Elec. Industr. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Boeing Co. v. Shipman, 411 F.2d 365, 374-75 (5th Cir.1969) (en banc).

Rule 56(c) does not “require! ] that an oral hearing be held on a motion for summary judgment.” McMillian v. City of Rockmart, 653 F.2d 907, 911 (5th Cir.1981); see Fed.R.Civ.P. 78; Local Court Rule CV-7(h). However, this Court has demonstrated its willingness to allow a nonmoving party a day in court in borderline cases where, under the governing law or reasonable extensions of existing law, the hearing of some testimony would be helpful to understanding the proper application of the law. Such is not the situation in the case at bar.

II. FACTUAL BACKGROUND

The instant case resembles a script for some bawdy television soap opera, replete with issues of sex,, intimacy, and broken trust. The Plaintiff, Olga Campbell, is a doctor of psychology practicing in Midland County, Texas. The Defendant, the American Psychological Association (“APA”), is a non-profit professional organization in which Campbell was a voluntary member until her membership was terminated in June of 1995.

Basically, Campbell alleges that the APA wrongfully expelled her from the APA’s membership roster for violating the organization’s ethics rules, prohibiting dual relationships between psychologists and their patients. In this case, the dual relationship allegedly occurred when Campbell engaged a couple in marital counseling although she maintained a close personal friendship with them and once had a sexual relationship with the husband prior to his marriage. Based upon the APA’s decision to terminate her membership, Campbell now alleges state causes of action against the APA for intentional infliction of emotional distress, libel, and slander per [773]*773se.1 The APA’s decision, Campbell contends, has caused her severe emotional distress and greatly damaged her psychology practice. The APA, however, argues that Campbell’s Complaint and the summary judgment evidence fail to support her state-law claims.

A. A “Casual” Affair

This story begins nearly two decades ago in the social meetings of the local MENSA2 organization of Midland, Texas.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Halbert v. City of Sherman, Tex.
33 F.3d 526 (Fifth Circuit, 1994)
Burch v. Coca-Cola Co.
119 F.3d 305 (Fifth Circuit, 1997)
Plumley v. Landmark Chevrolet, Inc.
122 F.3d 308 (Fifth Circuit, 1997)
Faretta v. California
422 U.S. 806 (Supreme Court, 1975)
Cleveland Board of Education v. Loudermill
470 U.S. 532 (Supreme Court, 1985)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
The Boeing Company v. Daniel C. Shipman
411 F.2d 365 (Fifth Circuit, 1969)
Phillips Oil Company v. Okc Corporation
812 F.2d 265 (Fifth Circuit, 1987)
Rachel Moore v. Mississippi Valley State University
871 F.2d 545 (Fifth Circuit, 1989)
Susan Waltman v. International Paper Co.
875 F.2d 468 (Fifth Circuit, 1989)
David Delahoussaye v. City of New Iberia
937 F.2d 144 (Fifth Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
68 F. Supp. 2d 768, 1999 U.S. Dist. LEXIS 20535, 1999 WL 777902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-american-psychological-assn-txwd-1999.