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Doctor in 10-year-old’s abortion case takes legal step against Indiana AG

By Curt_Anderson
July 19, 2022 7:52 pm
Category: Law

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As I predicted...see first link. Rokita now is obliged to prove his smears about the doctor or face a defamation lawsuit against him personally.

(WaPo)Attorneys for the Indianapolis doctor who helped a 10-year-old Ohio rape victim obtain an abortion took the first legal step Tuesday in a possible defamation lawsuit against Indiana Attorney General Todd Rokita (R) for his comments in a story that has captured international attention.

Kathleen DeLaney filed a notice of tort claim against Rokita on behalf of her client, Caitlin Bernard, for “false and misleading statements” about the obstetrician/gynecologist in the days after she shared how she helped the child, who traveled to Indiana for an abortion.

“Mr. Rokita’s false and misleading statements about alleged misconduct by Dr. Bernard in her profession constitute defamation per se. The statements have been and continue to be published by or on behalf of Mr. Rokita and the Office of the Attorney General,” the notice reads. “To the extent that these statements exceed the general scope of Mr. Rokita’s authority as Indiana’s Attorney General, the statement forms the basis of an actionable defamation claim against Mr. Rokita individually.”

MEANWHILE....
(WaPo)A misconduct complaint alleges Indiana Attorney General Todd Rokita intended to “harass and intimidate” doctors who perform abortions when he publicly cast doubts about whether an Indianapolis OB/GYN complied with state law after helping a 10-year-old rape victim terminate a pregnancy.

The newly filed complaint against Indiana’s top prosecutor is expected to trigger a probe by the state’s Supreme Court Disciplinary Commission after Rokita, a Republican, claimed last week on Fox News that physician Caitlin Bernard had a “history of failing to report” abortions in child-abuse cases and rapidly launched an investigation into her licensure.

A record obtained by The Washington Post showed that Bernard, who administered the abortion medication to a girl forced to travel from her home state of Ohio for the service, reported the incident to relevant state agencies as required by Indiana law.


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