Campbell v. American Psychological Ass'n, MO-99-CA-16.
| Decision Date | 25 May 1999 |
| Docket Number | No. MO-99-CA-16.,MO-99-CA-16. |
| Citation | 68 F.Supp.2d 768 |
| Parties | Olga M. CAMPBELL, Plaintiff, v. AMERICAN PSYCHOLOGICAL ASSOCIATION, Defendant. |
| Court | U.S. District Court — Western District of Texas |
C. H. Brockett, Jr., Brockett & Lindemood, Midland, TX, for Olga M. Campbell.
Michael B. McKinney, Stubbeman, McRae Et Al, Midland, TX, Barbara Bauernfeind, Stubbeman, McRae, Sealy Et Al., Midland, TX, Kit A. Pierson, Heller, Ehrman, White & McAuliffe, Washington, DC, Nathalie Gilfoyle, American Psychological Assoc., Washington, DC, for American Psychological Association.
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; Plaintiff's 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.
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 F.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.
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 se.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.
This story begins nearly two decades ago in the social meetings of the local MENSA2 organization of Midland, Texas. In 1980, Campbell first met Robert Volkmann through MENSA. In 1981 and 1982, Campbell was involved in a "casual" sexual relationship with Robert Volkmann. Def.'s Mot.Summ.J.Ex. A ("Campbell Dep.") at 207-08. When their sexual encounters ended, Campbell and Robert Volkmann maintained a friendship which continues to the present. Both are still MENSA members see each other six times a month at MENSA gatherings. Campbell Dep. at 100. In 1984, while Robert Volkmann and she were still friends, Campbell became licensed to practice psychology in Texas by the Texas State Board of Examiners of Psychologists.
When Robert Volkmann began dating Laura Volkmann, Campbell also became close friends with her. In November of 1990, Campbell served as the maid of honor at the Volkmanns' wedding and believed that she was Laura Volkmann's "closest friend." Id. at 57-58; Pl.'s Exh. C ( ) at 193. In her numerous lunches and social meetings with Laura Volkmann, Campbell even revealed intimate and troubling details3 of her life to Laura Volkmann. Campbell Dep. at 367-69. Nevertheless, Campbell states that she never told Laura Volkmann that she had been sexually involved with Robert Volkmann. Id. at 78-79, 148-50, 376-77.4
In April of 1992, the Volkmanns began experiencing trouble in their marriage. After unsuccessful marital counseling attempts with other counselors, the Volkmanns sought out and retained Campbell to help them. Even before therapy began, however, Campbell was aware that the Volkmanns were experiencing trouble in their marriage. For example, through her close friendship with Laura Volkmann, Campbell had learned that Robert and Laura Volkmann's "sexual relationship ended about the point that they got engaged." Campbell Dep. at 61-63. In fact, although she did not inform Laura Volkmann that she had been sexually intimate with Robert Volkmann and had no reason to believe that Laura Volkmann was aware of the sexual relationship, Campbell counseled the Volkmanns about problems with their sex life and physical intimacy, such issues forming a major part of the Volkmanns' sessions. Id. at 149-50, 349.
Meanwhile, outside of the therapy sessions, Laura Volkmann received a master's degree in psychology and had gained some knowledge of the ethical principles psychologists must follow. L. Volkmann Dep. at 143, 240. She understood that she was entering a "dual relationship" with Campbell, but she also "believed 100 percent that [Campbell] knew more than [she] did, and that [Campbell] must be right and [she] must be wrong at that time." Id. at 241. The sessions appeared to be productive. In fact, while still Campbell's patient, Laura Volkmann performed "marketing work" to promote Campbell's practice. Campbell Dep. at 156 (), 296. Campbell agreed to give Laura Volkmann five percent of new business generated by the marketing work. Id. at 167. Moreover, whether Laura Volkmann may have actually known of Campbell's prior sexual relationship with her husband remains uncertain. Robert Volkmann states that, although he may have not specifically told Laura Volkmann that he had been "sexually" intimate with Campbell, he did inform her that he once had a "dating" relationship with. Campbell prior to their marriage. Pl.'s Resp. Mot.Summ.J.Ex. B ( ) at 41-1. According to Robert Volkmann, Laura Volkmann had surmised that he once had a sexual relationship with Campbell because of information she provided to others. R. Volkmann Aff. at 41-2. In any case, Laura Volkmann did know that Campbell sustained a close friendship with Robert Volkmann through MENSA. Hansen Dep. at 237-38. Finally, in August of 1993, the Volkmanns successfully completed their marital counseling...
To continue reading
Request your trial