Scott Jensen’s lawsuit against Minnesota Board of Medical Practice dismissed

Former Republican candidate for governor Dr. Scott Jensen’s lawsuit against the Minnesota Board of Medical Practice was dismissed Friday in federal court.

The Minnesota Board of Medical Practice filed a motion to dismiss the lawsuit. The motion was granted by a federal judge and the complaint was dismissed without prejudice for “lack of standing,” court documents state.

Jensen claimed the board overstepped its authority by investigating instances where he exercised free speech.

“Between July of 2020 and March of 2023, under the guise of ‘regulating professional conduct,’ the Board systematically launched a series of five ‘investigations’ comprised of 18 complaints and one ‘Conference’ into Dr. Jensen’s license to practice medicine after he engaged in protected political speech related to COVID-19,” according to the lawsuit. “According to the BMP itself, every complaint and investigation litigated by the BMP against Dr. Jensen concerned public statements in one form or another, and none of the complaints involved patient care or treatment, nor did any involve speech incidental to a medical procedure. In other words, the Board had no jurisdiction over any of the 18 complaints it received and investigated against Dr. Jensen, with the arguable exception of three.”

U.S. District Court Judge Jerry Blackwell found that Jensen failed to “adequately please a First Amendment injury” and lacked standing for his claims of viewpoint discrimination. The order to dismiss states that he also failed to show how he was harmed by the board investigations.

The court order goes on to state that Jensen didn’t adequately show that the board treated physicians with other beliefs more favorably or responded differently to similar complaints involving others.

Jensen can file an amended complaint within 21 days of this order. If he doesn’t file one, the case will be closed.