Mollie Bryant

The Clarion-Ledger

The city of Brandon denied allegations that one of its police investigators violated the Health Insurance Portability and Accountability Act by accessing a man’s prescription history through a state database, according to court records filed Monday.

A lawsuit filed in federal court last month alleges Brandon Police Department Investigator Chris Bunch accessed Brandon Maddox’s prescription history without probable cause or a court order. Brandon’s response to the lawsuit, which names the city, Chief William Thompson and Bunch as defendants, maintains the department obtained the information lawfully — with probable cause and without violating HIPAA.

However, the lawsuit argues the Board of Pharmacy’s Mississippi Prescription Monitoring Program, which monitors controlled substance prescriptions, violates the Constitution and individuals’ right to privacy by allowing law enforcement officials and licensing boards access without a court order.

“My opinion is Mississippi law … does not comply with United States constitutional requirements as far as them being able to access privileged medical information,” said Donald Boykin, who is representing Maddox in the lawsuit. “In other words, I think the Constitution protects people from unreasonable search and seizure, and in this case, just to go online and not have a court order based on probable cause doesn’t satisfy constitutional requirements.”

Last January, Maddox received a prescription for pain medication from an emergency room doctor, who told him to visit his own physician the next day if he needed more medication. The next day, Dr. Kurt Johnson wrote Maddox a prescription for oxycodone.

About six months later, Bunch used the Prescription Monitoring Program to view Maddox’s prescription history. He spoke with Johnson, who told the investigator he hadn’t known about Maddox’s other prescription at the time.

Maddox was arrested on a prescription fraud charge that was later remanded for lack of evidence, court records show. After Maddox’s arrest, Johnson and his nurse practitioner said in writing that they’d known that Maddox had received a prescription the day before his visit to their office.

The complaint alleges Thompson and Bunch received the statements but said they’d already submitted the case to District Attorney Michael Guest for presentation to a grand jury. The city, however, denies Brandon Police Department received the letters.

“As to why they’re denying that, I don’t know,” Boykin said. “Not only did I sent the letter to them, I discussed that with their city prosecutor. I talked to him and the chief of police, and let them both know about the incorrect information.

“And they both said, ‘It’s out of our hands. It’s already gone to the DA’s office. We can’t do anything about it.’”

The complaint also alleges Johnson gave Bunch records regarding Maddox’s treatment, but the city denies that claim, court records show. Boykin said Bunch showed a treatment-related document to Maddox during his investigation, but it’s unclear how the Brandon Police Department obtained it.

Thompson would not respond to questions about the lawsuit, and Brandon Mayor Butch Lee and Mark Fijman, an attorney representing the city, would not comment, citing policy to not discuss pending litigation.

Contact Mollie Bryant at 601-961-7251 or mbryant2@gannett.com. Follow @MollieEBryant on Twitter.