State judge tosses Parker Jensen lawsuit

State judge tosses Parker Jensen lawsuit


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SALT LAKE CITY (AP) -- A 3rd District Judge on Thursday dismissed a lawsuit filed by the parents of Parker Jensen against a group of doctors and state officials.

Barbara and Daren Jensen argued the state violated their parental rights by trying to force their son, Parker, into chemotherapy in 2003 for a cancerous tumor that was removed from under his tongue.

Judge Joseph C. Fratto ruled that the Jensen's constitutional claims were decided in September by a federal judge who tossed out a similar lawsuit.

Fratto says the Utah constitution offers no additional or different rights from the U.S. Constitution.

The Jensens refused treatment for Parker, then 12, and were later charged with kidnapping for taking him to Idaho and medical neglect. They settled those charges with a plea to misdemeanor charge of custodial interference.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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