Friday, June 19, 2009

The Complaint

Doctors should be able to blog their legal actions without being intimidated by lawyers or by the legal system. Their lawyers should be aware of it, and should support this openness. Opposing lawyers' gotchas should be reported to the judge and to ethics authorities as bad faith efforts to intimidate, and to violate the legal right to a fair hearing of the doctor.


The complaint claims, the PennDOT regulation violates:

a. the Drug Abuse Prevention, Treatment, and Rehabilitation Act,
as amended ,42 C.F.R. §§ 2.1 et seq. and its issuing statute, 42
U.S.C. § 290dd-2;

b. the Supremacy Clause of the Constitution of the United States;

c. the Due Process Clause of the Fifth and Fourteenth
Amendments of the Constitution of the United States;

d. the Freedom of Association Clause of the First Amendment of
the Constitution of the United States;

e. Article 1, § 1 of the Constitution of the Commonwealth of
Pennsylvania, which grants “certain inherent and indefeasible
rights, among which are those of enjoying and defending life and
liberty, of acquiring, possessing and protecting property and
reputation, and of pursuing their own happiness”;

f. the Americans with Disabilities Act, 42 C.F.R. §§ 12101 et seq.,
as amended by the Americans with Disabilities Act Amendments
Act of 2008, Pub.L. 110-325;

g. Section 504 of the Rehabilitation Act of 1973; and

h. 42 U.S.C. § 1983.