Planned Parenthood Affiliate Files Petition In Kansas Supreme Court Against Former State AG Kline

Main Category: Litigation / Medical Malpractice
Also Included In: Women's Health / Gynecology;  Sexual Health / STDs;  Abortion
Article Date: 11 Jul 2007 - 12:00 PDT

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Planned Parenthood of Kansas and Mid-Missouri CEO Peter Brownlie on Thursday confirmed that the group's Overland Park, Kan., clinic Comprehensive Health on June 6 filed a petition with the state Supreme Court for a writ of mandamus against former state Attorney General Phill Kline (R), the Kansas City Star reports (Carroll, Kansas City Star, 7/5).

Kline in 2004 subpoenaed the records of 90 women and girls who in 2003 underwent late-term abortions at Comprehensive Health or Women's Health Care Services in Wichita, Kan., saying there is probable cause that each record contains evidence of a felony. The state Supreme Court in February 2006 ruled that Kline can seek access to the records but that he must return to Shawnee County, Kan., District Court Judge Richard Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office in November 2006 after removing information that would identify individuals.

Kansas Attorney General Paul Morrison (D) -- who defeated Kline in the November 2006 election -- last month in a letter to PPKMM attorney Pedro Irigonegaray wrote that he has ended the investigation of Comprehensive Health. Morrison added that the attorney general's office "found no evidence of any criminal wrongdoing" by the clinic (Kaiser Daily Women's Health Policy Report, 6/28). Morrison in the letter also said that Kline forwarded copies of the medical records from PPKMM patients to the Johnson County, Kan., district attorney's office on Jan. 5 -- three days before he left the state attorney general's office, the AP/Wichita Eagle reports. Kline, who replaced Morrison as Johnson County district attorney, retains copies of the records, according to Morrison's letter (Hanna, AP/Wichita Eagle, 7/5).

Petition
According to the Star, the state Supreme Court has sealed records in the petition, and Brownlie declined to comment on it (Kansas City Star, 7/5). However, Brownlie at a news conference last month said, "We don't believe that Mr. Kline has a right to any of the records in this case and had no right since he left the attorney general's office, and all I can say at this point is that we are pursuing all appropriate legal remedies." The court on June 22 told Kline he had until July 12 to respond, the AP/Eagle reports. Kline and Irigonegaray declined to comment on the case (AP/Wichita Eagle, 7/5).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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