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

Filing 239

JUDGMENT, in accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Judgment is entered in favor of plaintiffs Planned Parenthood Southeast, Inc., Reproductive Health Services, June Ayers, RN, and Kiwana Brooks, and against defendants Attorney General of Alabama, District Attorneys of Montgomery, Jefferson, and Mobile Counties, and State Health Officer. (2) It is DECLARED that the staff- privileges requirement of Alabama's Wom en's Health and Safety Act, codified at 1975 Ala. Code § 26-23E-4(c), violates the substantive due process rights of the women seeking abortion, as applied to plaintiffs Planned Parenthood Southeast, Inc., Reproductive Health Services, Jun e Ayers, RN, and Kiwana Brooks; further ORDERING that, because this judgment does not resolve all Issues in this litigation (in particular, those identified at the end of the accompanying opinion), the temporary restraining order remains in effect un til the resolution of those issues, as further set out in judgment; further ORDERING that the court reserves the taxation of costs and the imposition of attorney's fees until after the resolution of the remaining, unresolved issues; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is not closed. Signed by Honorable Judge Myron H. Thompson on 8/4/14. (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) Judgment

is

entered

in

favor

of

plaintiffs

Planned Parenthood Southeast, Inc., Reproductive Health
Services, June Ayers, RN, and Kiwana Brooks, and against
defendants

Attorney

General

of

Alabama,

District

Attorneys of Montgomery, Jefferson, and Mobile Counties,
and State Health Officer.
(2) It

is

DECLARED

that

the

staff-privileges

requirement of Alabama’s Women’s Health and Safety Act,
codified at 1975 Ala. Code § 26-23E-4(c), violates the
substantive

due

process

rights

of

the

women

seeking

abortion, as applied to plaintiffs Planned Parenthood
Southeast,

Inc.,

Reproductive

Health

Services,

June

Ayers, RN, and Kiwana Brooks.
It is further ORDERED that, because this judgment
does not resolve all Issues in this litigation

(in

particular,

the

those

identified

at

the

end

of

accompanying opinion), the temporary restraining order
remains in effect until the resolution of those issues.
Within the next few days, the court will hold an on-therecord status conference to discuss the resolution of all
then-unresolved issues as soon as possible.
It is further ORDERED that the court reserves the
taxation of costs and the imposition of attorney’s fees

2

until after the resolution of the remaining, unresolved
issues.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is not closed.
DONE, this the 4th day of August, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE