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Indiana doctor takes step towards defamation lawsuit against Rokita

Indiana Attorney General Todd Rokita speaks to reporters in his office at the Statehouse. In front of Rokita is a lectern, on which sit several microphones. Behind him is a fireplace with the seal of the Office of the Attorney General on the wall above it.
Brandon Smith
/
IPB News
An Indiana doctor who performed an abortion on a 10-year-old rape victim is preparing to sue Indiana Attorney General Todd Rokita for defamation.

An Indiana doctor who performed an abortion on a 10-year-old rape victim is preparing to sue Indiana Attorney General Todd Rokita for defamation.

The young girl’s abortion became national news in the wake of an Ohio abortion ban taking effect. Rokita went on national television and threatened Dr. Caitlin Bernard, who had performed the procedure. He suggested, without evidence, that she failed to properly report the abortion and indicated he would seek to revoke her medical license.

Less than 24 hours later, multiple media outlets obtained copies of the report that showed Bernard had followed Indiana law. And a review by IU Health found that Bernard hadn’t violated any privacy rights.

READ MORE: IU doctor: Attack on OBGYN colleague has been ‘terrifying’ for the medical community

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Yet Rokita insisted his investigation would continue.

Now, Bernard’s attorney has sent a letter to Rokita indicating her intention to file a defamation suit against the attorney general.

In Indiana, if someone wants to sue the state or a government official, they must first file what’s known as a tort claim notice. This gives the state 90 days to investigate the claim and potentially settle before a lawsuit would move forward.

Contact reporter Brandon at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.

Brandon Smith has covered the Statehouse for Indiana Public Broadcasting for more than a decade, spanning three governors and a dozen legislative sessions. He's also the host of Indiana Week in Review, a weekly political and policy discussion program seen and heard across the state. He previously worked at KBIA in Columbia, Missouri and WSPY in Plano, Illinois. His first job in radio was in another state capitol - Jefferson City, Missouri - as a reporter for three stations around the Show-Me State.