Ex-governor candidate Scott Jensen sues Keith Ellison, medical board

Former GOP gubernatorial candidate Scott Jensen filed separate lawsuits Tuesday against the Minnesota Board of Medical Practice and Attorney General Keith Ellison, alleging they worked together on "politically motivated" investigations into his medical license.

Jensen, a Chaska physician, said he was repeatedly investigated by the Board of Medical Practice for public statements he made about COVID-19, and all complaints were later dismissed. The Republican previously made comments encouraging civil disobedience against vaccine mandates and opposing children wearing masks in schools, among other things, and vowed to reshape the Board of Medical Practice if elected governor.

He accused the board on Tuesday of attempting to chill his speech, arguing the panel should not have launched investigations into his medical license over political statements he made. Jensen questioned whether the board's repeated investigations hurt him in his unsuccessful campaign against DFL Gov. Tim Walz last year, noting that Walz used those investigations as a line of attack against him.

"I think it cost me dearly from a reputational standpoint, potentially impacting somewhat on the governor's race. We'll never know that," Jensen said during a news conference Tuesday. "In the end, I think it was about bullying … it was about, if you dare to disagree, you're in trouble."

The lawsuit states that all of the board's investigations into Jensen revolved around his public statements, not his patient care or treatment.

The Board of Medical Practice did not respond to a request for comment.

In his suit against Ellison, Jensen alleges that the Attorney General's Office "intentionally withheld" public data that should have been released to him in response to a Data Practices Act request.

The Attorney General's Office told Jensen it withheld a small set of data about some of its individual employees because "staff have received harassing and/or threatening calls following posts by Dr. Jensen on social media," according to the lawsuit. If Jensen were to publicize that data on social media, the office said it "would likely substantially jeopardize the security of individuals and subject staff to harassment and/or threats by followers/viewers."

John Stiles, a spokesman for the Attorney General's Office, defended the handling of Jensen's data request in a statement Tuesday.

"The Attorney General's Office takes its responsibilities under the Minnesota Government Data Practices Act seriously — and fulfilled them in responding to Dr. Jensen's data request," Stiles said. "The Office gave Dr. Jensen nearly 1,800 responsive documents. It also withheld other data that fell within categories that the law authorizes the Office to withhold. This lawsuit is without merit and the Office will respond fully in court."

Jensen and his attorneys are seeking damages from the Board of Medical Practice and are asking a judge to prohibit the board from further investigating his "protected First Amendment speech."

They're also asking a judge to compel Ellison's office to immediately release the withheld data.