Marks v. Tenbrunsel

David Kenneth Marks sued Dr. Thomas W. Tenbrunsel, Dr. Lois H. Pope, and Alabama Psychological Services Center, LLC. The defendants filed a motion for a Rule 12(b)(6), Ala. R. Civ. P., dismissal of the case for failure to state a claim, which the trial court granted. Marks appeals; we affirm. I. Facts and Procedural History Marks contacted Alabama Psychological Services Center, LLC, to obtain psychological treatment. Marks met with Dr. Thomas W. Tenbrunsel, a psychologist employed by Alabama Psychological Services, at its offices. According to Marks, Dr. Tenbrunsel assured him that anything Marks disclosed during their meeting would remain confidential. Marks then admitted to fondling the genitals of two females under the age of 12. Marks claims that ""[a]fter consulting with a colleague, Dr. Tenbrunsel announced to Marks that he would not honor [the confidentiality agreement]."" (Marks's brief at xvi.) Marks alleges in his complaint that Dr. Lois H. Pope was the colleague with whom Dr. Tenbrunsel consulted. Marks further alleges that Dr. Tenbrunsel informed him that ""a report [of the suspected child abuse] would be made to Child Protective Services at the Madison County Department of Human Resources.""