SIOUX FALLS, S.D. (AP) — A federal judge won’t throw out a lawsuit against South Dakota’s attorney general brought by an inmate who says his constitutional protection from unreasonable search and seizures was violated.
The Argus Leader reports that Matthew Kurtenbach filed the lawsuit after Attorney General Marty Jackley’s office issued three subpoenas in 2014 to obtain his medical and pharmacy records.
The state admitted in Kurtenbach’s criminal prosecution that some of its offices “routinely issue subpoenas to obtain medical records in criminal cases.” The subpoenas weren’t legally issued in Kurtenbach’s case because they weren’t issued in the name of a grand jury or court. A judge ruled that medical records are entitled to privacy protection.
Kurtenbach’s lawsuit will move forward to determine if there’s an ongoing practice of using unlawful subpoenas.
A spokeswoman for Jackley declined to comment.
