“Louisiana Psychology Board Slapped with a New Federal Lawsuit Alleging Due Process Violations Against Fellow Psychologists “
On August 31, Dr. Eric Cerwonka, Psychologist, filed a lawsuit in the United States District Court, Western District of Louisiana, for alleged violations of his Constitutional Rights by the Louisiana State Board of Examiners of Psychologists (LSBEP).
Cerwonka and his attorney, Lane Roy of Brown Sims, Lafayette, filed the complaint alleging violations of Dr. Cerwonka’s civil rights, according to complaint:
“In 2016, despite having no substantial evidence of any kind from any source, Dr. Cerwonka was incompetent, unskilled, or otherwise guilty of any actions which should cause his disciplinary action from the Board, the Board in fact began an investigation of Cerwonka based almost exclusively at the outset upon information provided to the Board by an outside civil claimant, as well as that claimant’s attorney, who had decided to file a civil lawsuit against Dr. Cerwonka and who claimed to have filed criminal charges against Dr. Cerwonka.”
The claim alleges that the Board took the law into their own hands: “Criminal charges were never accepted by local authorities, the case was closed, the civil case is ongoing, but nothing in it has proven anything to the present time. With all of this in mind, the Board continued its investigation independently and, in fact, obtained items of evidence haphazardly and even illegally in order to attempt to prosecute Cerwonka and/or have him surrender his license to practice in the State of Louisiana.”
Apparently the Board, composed of Dr. Cerwonka’s market competitors, already made up their decision, before any hearing had taken place: “Before any hearing of any kind had ever taken place, once it found that Dr. Cerwonka was not going to surrender his license voluntarily, and within minutes, not by any vote of the Board, as required by law, removed Dr. Cerwonka’s license to practice and, thus, took away from him private property without due process of law,the result of which was loss of his ability to practice in Louisiana, the shutting down of his private practice, and loss of his job with the Veterans Administration based strictly and solely upon the termination of his license by the Louisiana Board.”
The Board allegedly presented evidence that was obtained illegally and included privileged, private, patient information, attempts at getting private patients of Dr. Cerwonka to provide evidence, photographs taken of items in glass containers claimed to be illegal substances, which was ever proven, except that there were dietary supplements, none of which were not controlled substances nor prescription items of any kind.
There were several conflicts of interests alleged between the attorneys representing the board and the adminitrative judge: “The prosecuting attorney for the Board had previously represented Dr. Cerwonka in a hotly contested custody battle just a few years before and despite the objection of Dr. Cerwonka of a conflict of interest, the attorney continued to represent the Board as prosecutor, would not recuse himself from it, and actually used evidence which he had obtained from prior representation of Dr. Cerwonka as evidence in the hearing of this matter.” The complaint also notes that the judge in the evidentiary hearing was the law partner of the attorney representing the Board, and this judge participated in the hearing and asked questions, and ruled on the admission of evidence.
After almost 4-years investigating these matters, it would not surprised us, if the aforementioned allegations were true. We have researched and exposed numerous Psychology Boards’ abuses against you all. Public records have shown us every time that most psychology boards, with he direct guidance and monetary influence from ASPPB, have used their government public offices to control you all from competing within their markets, NOT for public protection. Right now, the ASPPB, every Psychology Board, and their crappy attorneys, continue to collect and share Your disciplinary data, across state lines, without your consent, to public-shame You, and to make licensing decisions about You without any consideration of your basic due process constitutional rights.