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Case Name Persico v. Sebelius FA-PA-0014
Docket / Court 1:13-cv-00303 ( W.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On October 8, 2013, three Catholic non-profit 501(c)(3)s and a trustee for the Roman Catholic Diocese of Erie, Pennsylvania filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs sued the U.S. Department of Health and Human Services, Department of ... read more >
On October 8, 2013, three Catholic non-profit 501(c)(3)s and a trustee for the Roman Catholic Diocese of Erie, Pennsylvania filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs sued the U.S. Department of Health and Human Services, Department of Labor, Department of Treasury, and their respective Secretaries in their official capacities. Plaintiffs sued under the Administrative Procedure Act, the Declaratory Judgment Act, and Religious Freedom Restoration Act.

The plaintiffs, represented by private counsel, alleged that the government violated their statutory rights (including RFRA and the APA) and First Amendment right to freedom of religion by mandating that they subsidize, facilitate, and or provide coverage for various reproductive health services for their employees. Plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The suit was related to a previous lawsuit, brought by plaintiffs in the same court in May of 2012. That suit was dismissed by the same court, without prejudice, upon the government's assurance that the mandate at issue would not be enforced against plaintiffs, and that the regulations at issue were to be amended.

This case was disposed of in a series of combined orders issued by Judge Arthur J. Schwab, that applied to both this suit and Zubik v. Sebelius. The cases were formally consolidated on appeal on February 11, 2014. See summary of Zubik v. Sebelius for details covering the preliminary injunction granted and subsequent appeals to the Third Circuit and Supreme Court.

This case is now being considered on remand by the Third Circuit.

Micah Telegen - 02/10/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Implement complaint/dispute resolution process
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
Religion discrimination
General
Abortion
Contraception
Plaintiff Type
Non-profit religious organization
Type of Facility
Non-government non-profit
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) United States Department of Health and Human Services
United States Department of Labor
United States Department of the Treasury
Plaintiff Description The plaintiffs are a collection of Catholic charities in Pennsylvania
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Case Closing Year 2015
Case Ongoing No
Case Listing FA-PA-0004 : Persico v. Sebelius (W.D. Pa.)
FA-PA-0010 : Zubik v. Burwell [II] (W.D. Pa.)
Docket(s)
1:13-cv-00303 (W.D. Pa.)
FA-PA-0014-9000.pdf | Detail
Date: 10/01/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
FA-PA-0014-0001.pdf | Detail
Date: 10/08/2013
Source: PACER [Public Access to Court Electronic Records]
Order of Court Re: Motion for Reassignment [ECF# 29] (W.D. Pa.)
FA-PA-0014-0002.pdf | Detail
Date: 10/30/2013
Source: PACER [Public Access to Court Electronic Records]
Order of Court Granting Plaintiffs' Motions For Expedited Preliminary Injunction [ECF# 76] (W.D. Pa.)
FA-PA-0014-0003.pdf | Detail
Date: 11/21/2013
Source: PACER [Public Access to Court Electronic Records]
Final Judgment and Order [ECF# 81] (W.D. Pa.)
FA-PA-0014-0004.pdf | Detail
Date: 12/20/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Schwab, Arthur J. (W.D. Pa.)
FA-PA-0014-0002 | FA-PA-0014-0003 | FA-PA-0014-0004 | FA-PA-0014-9000
Plaintiff's Lawyers DeJulius, Leon F. Jr. (Pennsylvania)
FA-PA-0014-0001 | FA-PA-0014-9000
Goetz, John D. (Pennsylvania)
FA-PA-0014-0001 | FA-PA-0014-9000
Karoll, Ira M (Pennsylvania)
FA-PA-0014-0001 | FA-PA-0014-9000
Kilmartin, Alison J. (Pennsylvania)
FA-PA-0014-0001 | FA-PA-0014-9000
McSorley, Jeffrey Albert (District of Columbia)
FA-PA-0014-9000
Pohl, Paul M. (Pennsylvania)
FA-PA-0014-0001 | FA-PA-0014-9000
Stahler, Mary Pat (Pennsylvania)
FA-PA-0014-0001 | FA-PA-0014-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
FA-PA-0014-9000
Grogg, Adam Anderson (District of Columbia)
FA-PA-0014-9000
Humphreys, Bradley Philip (District of Columbia)
FA-PA-0014-9000

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