Federal judge gives green light to patient privacy lawsuit

CHICAGO — A federal judge in Chicago has refused to toss a lawsuit accusing an Illinois investigator of violating privacy rights of two patients by seizing their files from their psychotherapist.

The Chicago Daily Law Bulletin reportsthat Chief U.S. District Judge Ruben Castillo’s ruling stemmed from a suit brought by the patients.

They were patients of a psychotherapist who gives court-ordered counseling after convictions of alcohol-related driving offenses. The DuPage County State’s Attorney’s Office investigator was looking into whether the psychotherapist properly accounted for such sessions.

The suit says the investigator should have only taken business records, not patient files.

Castillo ruled the plaintiffs can pursue allegations the investigator violated constitutional protections against unreasonable searches and seizures. He dismissed a due-process claim.

A county attorney declined comment.