Smith v. New Hampshire Board of Examiners of Psychologists

The defendant, the New Hampshire Board of Examiners of Psychologists (the board), appeals an order of the Superior Court {Manias, J.) granting the plaintiffs’ motion for summary judgment and permanent injunctive relief. Because we conclude that the trial court erred in granting the plaintiffs permanent injunctive relief, we reverse its order.

The plaintiffs, Roland Spencer Smith and Wayne L. Smith, are unrelated, practicing psychologists who share clinical offices in Concord. In September 1990, the board received a complaint (the initial complaint) against Roland Smith from a former patient.…