Remember 'Pledge of Allegiance'!Equal Justice for all ...
Unfortunately, Equal Justice is NOT available to the physicians of California.
A Comparison of Discipline --- Dr. Mishler and Dr. Sheikh
In the discipline of Dr. Mishler:
Dr. Mishler suffered disciplinary action by the State Medical Board where the action was taken without producing relevant records. The State Medical Board, further, attempted to shift the burden of preservation of records on the physician.
In the discipline of Dr. Sheikh:
1. Medical Board of California and County of San Joaquin denied compliance with the written orders of the Administrative Law Judge to release Dr. Sheikh's records (including correspondence between the Medical Board of California and the Residency Programs) to Dr. Sheikh.
2. When Dr. Sheikh requested defendant's (Medical Board of California and County of San Joaquin) compliance with the Judge’s orders, Defendants took further adverse actions including but not limited to evicting Dr. Sheikh from her fully paid home without a hearing and without a written order from the Court at a five day notice.
3. The Board brought accusation of Dishonesty for wrongly answering question 14 of the application form and then the Board (very) disturbingly claimed that the Board didn't have a "Burden of Proof" to bring accusations against Dr. Sheikh. (No Civilized Nation, whether Modern or ancient, has claimed to bring accusations against anyone without evidence).
The accusations of Dishonesty were brought without any ethical opinion or expert.
4. The Board refused to grant hearing on over 76 objections that Dr. Sheikh had submitted in her Demurrer/Notice of Defense on the accusations the Board.
5. The Hearing Officer of the Medical Board did NOT find Dr. Sheikh guilty of accusation of Dishonesty, nonetheless the Board denied Dr. Sheikh's application for license.
6. The final decision of the Board denying Dr. Sheikh's application for Physicians and Surgeons license was delivered in violation of 28 U.S.C. § 1341 (Mail Fraud). A crime that comes with up to many years in prison if committed by a commoner.
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Justice for Dr. Mishler
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The Mishler Court, Alan Mishler v. The State of Nevada Board of Medical Examiner, 849 P.2d 291 (Supreme Court of Nevada 1993); was clear and concluded;
In short, we conclude that the Board's actions and the proceedings against Dr. Mishler constituted a disturbing abuse of its power. Therefore, we reverse the disciplinary order of the Board in its entirety and dismiss all proceedings against Dr. Mishler with prejudice.
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Justice for Dr. Sheikh
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The Ninth Circuit Court of Appeals in California dismissed Dr. Sheikh's Petition without hearing and without giving any relief to her. Sheikh v. Medical Board of California:
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Below is the complete text of decision from the Ninth Circuit Court of Appeals
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UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FILED
FEB 11 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
ORDER
Before: CANBY and LEAVY, Circuit Judges.
Appellant’s motion for injunctive relief is denied.
The previously established briefing schedule remains in effect.
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An exact copy of the Court's decision can be downloaded from the following link.
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http://www.physicianforfairness.com/#!__disciplinaryprocess/unequal.justice
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