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An Idaho federal judge won't throw out a woman's suit challenging a state Department of Health and Welfare policy putting women who use cannabis while pregnant on a registry of alleged child abusers, saying her complaint sufficiently alleges her due process rights are being violated.
In an order filed Friday, U.S. District Judge B. Lynn Winmill denied Director Dave Jeppesen's bid to dismiss the suit filed by Keeva Rossow regarding her due process claims, yet he found her complaint lacking when it came to allegations that the policy is overbroad, vague and violates the equal protection clause.
The judge wrote that Rossow's complaint sufficiently alleges that her right to liberty and privacy is at stake, and that placement on the list creates a negative impact in that she could show up on background checks as a child abuser.
And while there are two levels of review in the process, the judge wrote they create a considerable risk of error, as an individual cannot appeal until after their name is automatically added, at which point they have the burden of proof to have it removed — and the standard of proof is unclear.
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