In the matter of: Richard A. Marksbury, Ph.D. v. Louisiana State Board of Examiners of Psychologists

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

IN THE MATTER OF: RICHARD A. NO. 2021 CW 0420
MARKSBURY, PH. D.

VERSUS

LOUISIANA STATE BOARD OF OCTOBER 12, 2021
EXAMINERS OF PSYCHOLOGISTS

In Re: Louisiana State Board of Examiners of Psychologists,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 682294.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED. The portion of the district court' s November
17, 2020 judgment denying the exception of no right of action

filed by the defendant, Louisiana State Board of Examiners of

Psychologists (" the Board"), is reversed. La. R. S. 37: 2353
gives the Board exclusive authority to revoke and suspend its
members' licenses. The plaintiff, Richard A. Marksbury, Ph. D.,
is not a party to the Board' s action, nor is he a licensee of

the Board. Further, the plaintiff has not shown his claim to be
separate and distinct from the interest of the public at large
such that he would be entitled to judicial review. See Bond v.
Louisiana State Bd. of Examiners of Psychologists, 2009- 1735
La. App. lst Cir. 6/ 11/ 10), 2010 WL 2342755, * 1( unpublished).

Therefore, we find that the plaintiff, Richard A. Marksbury,
Ph. D., does not have a right of action herein. Accordingly, the
exception of no right of action filed by the defendant is
granted, and this matter is dismissed. We pretermit discussion
of the exception of no cause of action as moot.

PMc
MRT

Welch, J., concurs in the result.

COURT OF APPEAL, FIRST CIRCUIT

D CLERK OF COURT
FOR THE COURT