West Alabama Women's Center et al v. Miller
Filing
120
AMENDED PRELIMINARY-INJUNCTION ORDER: it is ORDERED that the 116 preliminary injunction previously entered is amended as follows: (1) The 53 motion for a preliminary injunction, filed by the plfs, West Alabama Women's Center, Willie J. Parke r, M.D., Alabama Women's Center, and Yashica Robinson White, M.D., is granted; (2) The dfts, the Alabama State Health Officer, the Alabama Attorney General, and the district attorneys for Tuscaloosa and Madison Counties, and all those acting in concert with them are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's fetal-demise law, 1975 Ala. Code 26-23G-1 et seq., until further order of the court. This injunction does not extend to the private civil-enfo rcement provisions of the fetal-demise law; (3) Dft, the Alabama State Health Officer, and all those acting in concert with him are each preliminarily ENJOINED and RESTRAINED from enforcing the State of Alabama's school-proximity law, 1975 Ala. Code 22-21-35; (4) The bond requirement of FRCP 65(c) is waived. Signed by Honorable Judge Myron H. Thompson on 11/18/2016. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WEST ALABAMA WOMEN’S
CENTER, et al., on behalf
of themselves and their
patients,
)
)
)
)
)
Plaintiffs,
)
)
)
v.
)
)
DR. THOMAS M. MILLER, in )
his official capacity as )
State Health Officer,
)
et al.,
)
)
Defendants.
)
CIVIL ACTION NO.
2:15cv497-MHT
(WO)
AMENDED PRELIMINARY-INJUNCTION ORDER
Having reassessed its ruling under Ex Parte Young,
209 U.S. 123 (1908) and Summit Medical Associates, P.C.
v. Pryor, 180 F.3d 1326 (11th Cir. 1999), which provide
that
an
officer
injunction
to
restrain
unconstitutional
responsibility
may
statute
for
only
him
if
enforcing
issue
against
from
that
the
a
enforcing
officer
statute,
has
the
state
an
some
court
concludes that the preliminary injunction should have
enjoined those defendants who have some responsibility
for
enforcing
Accordingly,
each
it
is
of
the
ORDERED
challenged
that
the
statutes.
preliminary
injunction previously entered (doc. no. 116) is amended
as follows:
(1) The motion for a preliminary injunction (doc.
no. 53), filed by the plaintiffs, West Alabama
Women’s Center, Willie J. Parker, M.D., Alabama
Women’s
Center,
and
Yashica
Robinson
White,
M.D., is granted.
(2) The
defendants,
the
Alabama
State
Health
Officer, the Alabama Attorney General, and the
district attorneys for Tuscaloosa and Madison
Counties, and all those acting in concert with
them
are
RESTRAINED
Alabama’s
each
from
preliminarily
enforcing
fetal-demise
law,
ENJOINED
the
State
1975
Ala.
and
of
Code
§ 26-23G-1 et seq., until further order of the
court.
This injunction does not extend to the
2
private
civil-enforcement
provisions
of
the
fetal-demise law.
(3) Defendant, the Alabama State Health Officer,
and all those acting in concert with him are
each preliminarily ENJOINED and RESTRAINED from
enforcing
the
school-proximity
State
law,
of
1975
Alabama’s
Ala.
Code
§ 22-21-35.
(4) The bond requirement of Fed. R. Civ. P. 65(c)
is waived.
DONE, this the 18th day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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