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