West Alabama Women's Center et al v. Miller
Filing
20
TEMPORARY RESTRAINING ORDER: it is ORDERED as follows: (1) Plaintiffs West Alabama Women's Center and William J. Parker, M.D.'s 3 motion for a temporary restraining order is granted. (2) Defendant State Health Officer Donald E. Williams on, M.D., and all those acting in concert with him, are TEMPORARILY ENJOINED from: (a) enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) against plaintiffs West Alabama Women's Center and William J. Parker, M.D.; and (b) failing to notify immediately all state officials responsible for enforcing the requirements of Alabama Administrative Code § 420-5-1-.03(6)(b) about the existence and requirements of this temporary restraining order. (3) This injunction shall expire on August 18, 2015, at 2:00 p.m. The court will issue its formal opinion explaining this decision within three days. Signed by Honorable Judge Myron H. Thompson on 8/4/2015. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WEST ALABAMA WOMEN’S
)
CENTER and WILLIAM J.
)
PARKER, M.D., on behalf of )
themselves and their
)
patients,
)
)
Plaintiffs,
)
)
v.
)
)
DONALD E. WILLIAMSON,
)
M.D., in his official
)
capacity as State Health
)
Officer,
)
)
Defendant.
)
CIVIL ACTION NO.
2:15cv497-MHT
(WO)
TEMPORARY RESTRAINING ORDER
This
lawsuit
is
an
as-applied
challenge
by
a
licensed abortion clinic in the State of Alabama and
its
new,
that,
in
sole
order
doctor
to
against
perform
a
regulation
abortions
at
requiring
the
clinic,
either the doctor must have admitting privileges at a
local
hospital
covering
or
physician
the
who
clinic
has
must
such
contract
privileges.
with
a
The
plaintiffs, West Alabama Women’s Center and Dr. William
J. Parker, on behalf of themselves and their patients,
claim that this regulation is unconstitutional under
the Due Process Clause of the Fourteenth Amendment as
applied
to
them
because
it
violates
their
patients’
right to liberty and privacy and their right to pursue
their business and profession.
The defendant is Dr.
Donald E. Williamson, in his official capacity as the
State Health Officer.
Jurisdiction is proper under 28
U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343
(civil rights).
The
matter
is
now
before
the
court
on
the
plaintiffs’ motion for a temporary restraining order.
Upon consideration of the motion, responsive briefing,
and supporting documentation, the court finds that the
plaintiffs have met the requirements for issuance of a
temporary restraining order:
(1) that they have shown
a substantial likelihood of success on the merits of
their suit; (2) that they will suffer irreparable harm
absent
injunctive
relief;
(3)
that
the
harm
to
the
plaintiffs absent an injunction would outweigh the harm
2
to the defendant from an injunction; and (4) that an
injunction is in the public interest.
50 F.3d 898, 900 (11th Cir. 1995).
Ingram v. Ault,
However, because
briefing was not completed until July 27, 2015, the
court
needs
additional
time
to
finish
preparing
its
formal opinion with supporting findings of fact.
Accordingly, it is ORDERED as follows:
(1)
William
Plaintiffs
J.
West
Parker,
Alabama
M.D.’s
Women’s
motion
for
Center
a
and
temporary
restraining order (doc. no. 3) is granted.
(2)
Defendant
State
Health
Officer
Donald
E.
Williamson, M.D., and all those acting in concert with
him, are TEMPORARILY ENJOINED from:
(a)
enforcing
Administrative
Code
the
§
requirements
of
420-5-1-.03(6)(b)
Alabama
against
plaintiffs West Alabama Women’s Center and William J.
Parker, M.D.; and
(b)
failing
to
notify
immediately
all
state
officials responsible for enforcing the requirements of
Alabama Administrative Code § 420-5-1-.03(6)(b) about
3
the
existence
and
requirements
of
this
temporary
restraining order.
(3)
This
injunction
shall
expire
on
August
18,
2015, at 2:00 p.m.
The court will issue its formal opinion explaining
this decision within three days.
DONE, this the 4th day of August, 2015, at 2:00
p.m.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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