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Tiller v. Corrigan

182 P.3d 719 (2008)

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Tiller v. Corrigan

Kansas Supreme Court

182 P.3d 719 (2008)

Facts

Under Kansas law, Kansas citizens requested an investigation of George Tiller, M.D. (plaintiff) and other healthcare professionals working at a women’s health clinic for performing late-term abortions. A grand jury issued subpoenas duces tecum to Tiller and the clinic to produce the past five years of records for every patient who received an abortion after 22 weeks of gestation and for patients of the same gestational period who did not receive abortions because their pregnancy was not determined to cause serious health concerns. The subpoenas requested more than 2,000 patient records, permitted redaction of patients’ identifying information, and required appearance of a business-records custodian to authenticate the records. Judge Michael Corrigan (defendant) authorized the subpoenas. Tiller, the clinic, and several patients moved to quash the subpoenas as irrelevant, unduly burdensome, harassing, and an invasion of privacy. The motion to quash was denied. Tiller, the clinic, and the patients appealed, filing writs of mandamus to compel the lower court to quash the subpoenas.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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