Planned Parenthood Southeast, Inc. et al v. Bentley et al

Filing 147

JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) the 108 MOTION for Summary Judgment filed by plaintiffs is DENIED; (2) the 106 MOTION for Summary Judgment filed by defendants is granted in part and denied in part as follows: (a) The motion is denied as to claim asserting 'the substantive due process rights of women seeking abortions.' This claim will go to trial; (b) The motion is granted to this extent: (i) the 'non-delegation' claim is dismissed without prejudice; and (ii) summary judgment is entered in favor of the defendants as to all other claims. Signed by Honorable Judge Myron H. Thompson on 3/31/14. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

PLANNED PARENTHOOD
SOUTHEAST, INC., on behalf
of its patients,
physicians, and staff,
et al.,
Plaintiffs,
v.
LUTHER STRANGE, in his
official capacity as
Attorney General of the
State of Alabama, et al.,
Defendants.

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CIVIL ACTION NO.
2:13cv405-MHT
(WO)

JUDGMENT
In accordance with the opinion entered this date, it
is the ORDER, JUDGMENT, and DECREE of the court as
follows:
(1) The motion for summary judgment (doc. no. 108)
filed by plaintiffs Planned Parenthood Southeast, Inc.,
Reproductive Health Services, June Ayers, RN, and Kiwana
Brooks is denied.

(2) The motion for summary judgment (doc. no. 106)
filed by defendants Attorney General of Alabama, District
Attorneys of Montgomery, Jefferson, and Mobile Counties,
and State Health Officer is granted in part and denied in
part as follows:
(a) The motion is denied as to claim asserting ‘the
substantive

due

process

rights

of

abortions.’

women

seeking

This claim will go to trial.

(b) The motion is granted to this extent: (i) the
‘non-delegation’ claim is dismissed without prejudice;
and (ii) summary judgment is entered in favor of the
defendants as to all other claims.
DONE, this the 31st day of March, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE