Case: College of the Ozarks v. Dep't of Health and Human Servs.

6:12-cv-03428 | U.S. District Court for the Western District of Missouri

Filed Date: Sept. 17, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On September 17, 2012, the College of the Ozarks filed a lawsuit in the Western District of Missouri against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First and Fifth Amendments. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insuran…

On September 17, 2012, the College of the Ozarks filed a lawsuit in the Western District of Missouri against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First and Fifth Amendments. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage.

Specifically, the plaintiffs believed that the Contraceptive Mandate violated its sincerely-held religious beliefs by requiring that the College’s health insurance plan contain coverage or access to coverage for elective abortion services, certain FDA-approved abortifacient drugs, and related education and counseling. The Mandate exposed the College to substantial fines for the exercise of its religious beliefs. This violated the College’s rights under the Religious Freedom Restoration Act.

Additionally, the plaintiffs alleged that the Mandate’s requirements compelled the College to operate in a manner contrary to its religious beliefs, thus violating the guarantee of free speech as set out in the First Amendment.

The plaintiffs sent a notice of voluntary dismissal on January 14, 2013. Judge Wimes thus ordered the dismissal without prejudice on January 16, 2013.

This case was likely closed due to a private settlement, but we don't have any further information.

Summary Authors

Wyatt Fore (4/5/2013)

Ginny Lee (4/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4300644/parties/college-of-the-ozarks-v-united-states-department-of-health-and-human/


Judge(s)

Wimes, Brian Curtis (Missouri)

Attorney for Plaintiff

Ankrom, Derek A. (Missouri)

Fry, Virginia L. (Missouri)

Gooch, Ginger K. (Missouri)

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Documents in the Clearinghouse

Document

6:12-cv-03428

Docket [PACER]

College of the Ozarks v. Sebelius

Jan. 16, 2013

Jan. 16, 2013

Docket
1

6:12-cv-03428

Complaint

The School of the Ozarks, Inc. v. United States Department of Health and Human Services

Sept. 17, 2012

Sept. 17, 2012

Complaint
5

6:12-cv-03428

Order of Dismissal Without Prejudice

The School of the Ozarks, Inc. v. United States Department of Health and Human Services

Jan. 16, 2013

Jan. 16, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4300644/college-of-the-ozarks-v-united-states-department-of-health-and-human/

Last updated March 17, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. Dept. of Labor, United States Department of Health and Human Services, United States Dept. of Treasury, Timothy F. Geithner, Secretary filed by Virginia L Fry on behalf of College of the Ozarks. Filing fee $350, receipt number 0866-3238089. Service due by 1/18/2013. (Attachments: # 1 Civil Cover Sheet)(Fry, Virginia) (Entered: 09/17/2012)

1 Civil Cover Sheet

View on PACER

Sept. 17, 2012

Sept. 17, 2012

RECAP

NOTICE OF MAGISTRATE ASSIGNMENT emailed to atty for pltf This is a docket entry only. No document is attached. Magistrate Return due by 10/12/2012 (Howard, Linda)

Sept. 17, 2012

Sept. 17, 2012

PACER

SUMMONS ISSUED as to Timothy Geithner, Kathleen Sebelius, Hilda Solis, United States Department of Health and Human Services, United States Department of Labor, United States Department of Treasury, U.S. Attorney and U.S. Attorney General. Summonses returned via electronic mail to counsel for Plaintiff for service. (Burch, C. Steve)

Sept. 17, 2012

Sept. 17, 2012

PACER
2

Notice of EAP assignment to an outside mediator. (Attachments: # 1 EAP General Order)(Howard, Linda) (Entered: 10/03/2012)

1 EAP General Order

View on PACER

Oct. 3, 2012

Oct. 3, 2012

RECAP

SECOND NOTICE OF MAGISTRATE ASSIGNMENT sent via email to plaintiff's counsel. This is a docket entry only. No document is attached. Magistrate Return due by 11/19/2012 (Martin, Jan)

Oct. 25, 2012

Oct. 25, 2012

PACER
3

NOTICE OF REASSIGNMENT from Magistrate Judge Sarah W. Hays to District Judge Brian C. Wimes. (Martin, Jan) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
4

NOTICE of voluntary dismissal by The School of the Ozarks, Inc., (Fry, Virginia) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

RECAP
4

NOTICE of voluntary dismissal by The School of the Ozarks, Inc., (Fry, Virginia) (Entered: 01/14/2013)

Jan. 14, 2013

Jan. 14, 2013

RECAP
5

Order of Dismissal Without Prejudice. Signed on 1/16/13 by District Judge Brian C. Wimes. (Baldwin, Joella) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
5

Order of Dismissal Without Prejudice. Signed on 1/16/13 by District Judge Brian C. Wimes. (Baldwin, Joella) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
5

Order of Dismissal Without Prejudice. Signed on 1/16/13 by District Judge Brian C. Wimes. (Baldwin, Joella) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER

Case Details

State / Territory: Missouri

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Contraception Insurance Mandate

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 17, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Missouri Christian College, organized as a not-for-profit corporation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Health and Human Services (Washington), Federal

United States Department of Labor (Washington), Federal

United States Department of Treasury (Washington), Federal

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Free Exercise Clause

Establishment Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Contraception

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination