Appeals Court Affirms Dismissal of Case Against LSBEP

Article archive / July 1, 2010

Originally published: . Volume 1, No. 11. Source pages: 6.

On June 11th, the First Circuit Court of Appeal dismissed a case against the Louisiana State Board of Examiners of Psychologists (LSBEP). According to the review, Dr. Trudy Bond, an Ohio psychologist, originally brought a case asking the board to investigate retired Army Col. Larry James, Ph.D., a psychologist licensed in Louisiana, regarding his treatment of foreign detainees when he served at Guantanamo Bay, Cuba. The LSBEP had investigated the complaint, but took no disciplinary action and gave no opinion, as noted in the June 11th ruling. Dr. Bond then filed a petition for the court to order LSBEP to perform a complete investigation and hearing. This was dismissed. Then Dr. Bond appealed.

The judges noted that, “The law sets forth no provision requiring LSBEP to act. Therefore, no right of action exists to make them do so.” Also, the judges explained, “Without some peculiar, special, and individual interest, a citizen has 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.”

The judges wrote, “An amicus brief in support of Dr. Bond’s position was filled on behalf of five non-profit organizations, by the Loyola University New Orleans College of Law. We recognize their arguments, and their positions are incorporated into our analysis.” Psychologists for Social Responsibility, Loyola University in New Orleans was listed.

This matter has been at the center of a strong controversy in the national psychological community. Dr. Bond remains active in her efforts to bring attention to matters regarding torture. Dr. James is now at Wright State University’s School of Professional Psychology. In his 2008 book Fixing Hell: Army Psychologist Confronts Abu Ghraib, he described his efforts to improve conditions regarding interrogations.

For decision go to http://www.la-fcca.org/


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