West Alabama Women's Center et al v. Miller
Filing
122
SECOND AMENDED PRELIMINARY-INJUNCTION ORDER: it is ORDERED that the 120 Amended Preliminary Injunction previously entered is further amended as follows: (1) The 53 motion for a preliminary injunction, filed by the plfs, West Alabama Women's Center, Willie J. Parker, 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, a nd 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., against plfs West Alabama Women's Center, Willie J. Parker, M.D ., Alabama Women's Center, and Yashica Robinson White, M.D. until further order of the court; This injunction does not extend to the private civil-enforcement 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, against plfs West Alabama Women's Center and Alabama Women's Center until further order of the court; (4) The bond requirement of FRCP 65(c) is waived. Signed by Honorable Judge Myron H. Thompson on 11/22/2016. (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)
SECOND AMENDED PRELIMINARY-INJUNCTION ORDER
Having had an ambiguity concerning the scope of the
preliminary
attention,
injunction
enforcement
injunction
the
court
should
brought
concludes
have
been
to
that
the
the
limited
of
the
fetal-demise
school-proximity
law
against
to
law
certain
court’s
preliminary
enjoining
and
the
plaintiffs.
Accordingly, it is ORDERED that the amended preliminary
injunction previously entered (doc. no. 120) is further
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
§ 26-23G-1
each
from
preliminarily
enforcing
fetal-demise
et
seq.,
law,
against
ENJOINED
and
the
State
of
1975
Ala.
Code
plaintiffs
West
Alabama Women’s Center, Willie J. Parker, M.D.,
Alabama Women’s Center, and Yashica Robinson
White, M.D. until further order of the court.
This
injunction
does
2
not
extend
to
the
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
§ 22-21-35,
State
law,
against
of
1975
plaintiffs
Alabama’s
Ala.
West
Code
Alabama
Women’s Center and Alabama Women’s Center until
further order of the court.
(4) The bond requirement of Fed. R. Civ. P. 65(c)
is waived.
DONE, this the 22nd day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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