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Spokane, Washington  Est. May 19, 1883

Man sues over his records’ release

Associated Press The Spokesman-Review

LEWISTON – A North Idaho man convicted last year of having unprotected sex with women while knowing he was infected with HIV has filed a lawsuit against the North Central District Health Department.

Kanay Mubita, 32, filed the suit in U.S. District Court in Boise, arguing his privacy rights were violated when, he says, health district officials gave his medical records to prosecutors.

He is seeking unspecified monetary damages.

In May 2006, Mubita was sentenced in 2nd District Court to four years on each of the 11 counts he was convicted of for a total of 44 years. Mubita is to be eligible for probation after four years.

“I was deprived of my life, liberty and property, without equal protection of law as a direct result of North Central District Health’s actions,” the suit states.

He argues that his constitutional right to privacy was violated when his medical records were given to the Latah County prosecutor’s office in October 2005.

He is currently serving his sentence in the Idaho State Correctional Institution in Boise, the Lewiston Tribune reported.

Mubita contends he is not HIV positive, despite positive tests that were presented as evidence at his trial.

The North Central District Health Department did not immediately return a call from the Associated Press on Saturday.