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N.D.Ind.: Abortion provider's suit against inspection of records without court order or subpoena not ripe

By John Wesley Hall, Jr.

Local ordinance mandated government review of some medical records upon a “credible complaint” about itinerant doctors providing abortion services without backup medical care. The plaintiff doctor sued over application of the ordinance to him. The court held that the Fourth Amendment claim was not ripe for decision because there had been no effort to review his medical records. The ordinance may very well create a constitutional violation, but the case is not ripe to decide it. Ft. Wayne Women’s Health v. Bd. of Comm'rs, Allen County, Ind., 2010 U.S. Dist. LEXIS 82128 (N.D. Ind. August 11, 2010): Dr. Klopfer insists his Fourth Amendment challenge is an as-applied challenge. The Board of Commissioners argues that the challenge isn't ripe because no search has occurred yet, so Dr...continue to full post

Full post as published by Fourth Amendment on August 15, 2010 (boomark / email).