Federal judge dismisses lawsuit from Lansing doctor who sued over State Police drug investigation
GRAND RAPIDS — A federal judge has dismissed a Lansing doctor's lawsuit against Michigan State Police troopers who investigated her practice over her prescription practices.
Over the course of several months, beginning in 2019, the State Police set up several undercover appointments at Dr. Eleanore Kue's His Healing Hands Urgent Care Center, 2025 W. Holmes Road.
Near the end of their investigation, troopers had a doctor review Kue's work. That doctor told them that, in his opinion, the prescriptions undercover officers received were "not legitimate prescriptions in the usual course of professional practice." Undercover officers received prescriptions on their first visits and Kue did not order drug testing, the doctor added.
Police sent their findings to Ingham County prosecutors, who declined to charge Kue.
More than two years later, on Dec. 1, 2022, Kue filed a lawsuit in federal court in Grand Rapids alleging an illegal search and seizure, malicious prosecution, and due process violations.
On Thursday, U.S. District Court Judge Robert Jonker granted a motion from the Michigan Attorney General's Office, which represented the troopers, to dismiss the lawsuit.
In his ruling, Jonker noted that while prosecutors declined to charge Kue, the state's Board of Medicine "ultimately found her liable for medical negligence and imposed one year of probation" while also fining her $2,000. The board could have suspended or revoked her medical license.
In a statement to the State Journal, Collin Nyeholt, Kue's attorney, said, "We believe the Court's decision to dismiss at this early stage was legally improper, and fundamentally unfair. We will be pursuing our appellate options."
Danny Wimmer, a spokesperson for the AG's Office, said they were pleased with Jonker's ruling and deferred further comment to the State Police. A message doing so was not immediately returned.
The AG's Office argued in its motion in March that the lawsuit brought by Kue and her attorneys was "a scant nine paragraphs" and that Kue had not overcome governmental and qualified immunity hurdles that protect troopers.
"Kue's practice of repeatedly doling out controlled substances to patently drug-seeking patients without first inquiring into their medical or psychiatric need for these drugs is also consistent with that of a physician who has some sort of illegal motive — such as a monetary incentive — to prescribe these controlled substances to her patient," Jonker wrote in his ruling.
Jonker added that a "common sense evaluation" of the search warrant affidavits in the case supported the legal grounds for the searches.
More: Prosecutors declined to charge doctor after police investigation. Now she's filed a lawsuit
Contact reporter Matt Mencarini at 517-377-1026 or mjmencarini@lsj.com. Follow him on X, formerly known as Twitter, @MattMencarini.
This article originally appeared on Lansing State Journal: Judge tosses suit from Lansing doctor who sued over MSP investigation into prescriptions
