INDIANAPOLIS — An lawyer representing Dr. Caitlin Bernard, the Indianapolis doctor who performed an abortion for a 10-year-old rape sufferer from Ohio, has filed a tort claim notice against Indiana Attorney General Todd Rokita.
Bernard’s lawyer, Kathleen DeLaney of DeLaney & DeLaney LLC, confirmed on Tuesday that the notice had been filed. It’s step one towards a potential defamation lawsuit against Rokita.
It comes after Bernard’s lawyer filed a ‘cease and desist’ letter against Rokita after telling Fox News he would examine whether or not she didn’t comply with correct reporting procedures.
Records showed Bernard properly filed the termination of pregnancy report after she carried out the abortion.
The report, supplied by DeLaney, states the abortion was carried out on June 30. It additionally reveals the abortion was reported to the Indiana Department of Child Services and was obtained by the Indiana Department of Health on July 2.
According to Indiana Code, medical doctors should submit the report inside three days of an abortion process if the affected person is underneath 14.
Later, IU Health, the place Bernard practices, issued a press release saying a overview discovered Bernard complies with affected person privateness legal guidelines. Rokita mentioned his workplace would nonetheless examine Bernard regardless.
The notice reads in half:
“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. 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.”
It continues, “Mr. Rokita’s statements that Dr. Bernard was an ‘abortion activist performing as a physician’ with a ‘historical past of failing to report’ have been false. Mr. Rokita both knew the statements have been false or acted with reckless disregard of the reality or falsity of the statements. Mr. Rokita recklessly and/or negligently failed to determine whether or not the statements about Dr. Bernard’s licensure have been true or false earlier than making them.
“Statements that Dr. Bernard has a ‘history of failing to report,’ which Mr. Rokita indicated would constitute a crime, made in the absence of reasonable investigation, serve no legitimate law enforcement purpose. Given the current political atmosphere in the United States, Mr. Rokita’s comments were intended to heighten public condemnation of Dr. Bernard, who legally provided legitimate medical care.”
The full doc might be learn here.
AG Rokita’s workplace didn’t instantly reply to a request for remark.