INDIANAPOLIS (WXIN) — An attorney representing Dr. Caitlin Bernard, who provided an abortion on a 10-year-old rape victim, has filed a tort claim against Indiana Attorney General Todd Rokita — the first step in a defamation lawsuit against Rokita.

“Mr. Rokita’s false and misleading statements about alleged misconduct by Dr. Bernard in her profession constitute defamation,” said Attorney Kathleen A. DeLaney, who represents Bernard.

The lawsuit comes on the heels of a cease and desist issued by DeLaney, which was itself a response to Rokita’s continued public comments aimed at Bernard. Rokita went on Fox News on July 13 and called Bernard an “abortion activist acting as a doctor” and said she had a “history of failing to report” and even threatened to go after Bernard’s license.

The Fox News caption underneath Rokita even proclaimed “Doc Failed to Report Abortion Abuse Victim,” the tort claim said.

However, WXIN obtained the report showing that Bernard did file the report as required and filed it within the timeframe required.

DeLaney stated a “simple check” on a government license website even confirms that Dr. Bernard’s license was active with no disciplinary history. Indiana University Health also issued a statement saying they conducted an investigation into Dr. Bernard and found her in compliance with privacy laws.

But despite Rokita and his office being able to obtain this information, Rokita spoke publically in national and local media continuing to vow an investigation into her license and to see if she filed the report.

“Rokita either knew the statements were false or acted with reckless disregard to the truth or falsity of the statements. Mr. Rokita recklessly and/or negligently failed to ascertain whether the statements about Dr. Bernard’s licensure were true or false before making them,” DeLaney said in the tort claim.

DeLaney stated the statements made and continue to be made by Rokita “exceed the general scope of Mr. Rokita’s authority as Indiana’s Attorney General.”

“Given the current political atmosphere in the United States, Mr. Rokita’s comments were intended to heighten public condemnation of Dr. Bernard, who legally provided legitimate medical care,” the tort claim said.

The tort claim filing triggers a 90 investigative period for the state to settle the claim, after which a lawsuit can be filed.

WXIN has reached out to Rokita’s office for comment.