On June 2, 2016, two Florida Planned Parenthood clinics filed this lawsuit in the United States District Court for the Northern District of Florida. The plaintiffs sued the Florida Department of Health and the Florida Agency for Healthcare Administration under 42 U.S.C. § 1983 for violations of the Due Process and Equal Protections Clauses of the U.S. Constitution, the Fourth Amendment to the U.S. Constitution, and the rights to privacy and equal protection under the Florida Constitution. The plaintiffs asked the court for declaratory and injunctive relief to enjoin the defendants from implementing provisions of HB 1411, which would defund Planned Parenthood clinics, impose unconstitutional inspection requirements, and enforce ambiguous and nonmedical definitions to regulate health care providers offering abortion services.

Specifically, the plaintiffs claimed that the state had implemented HB 1411 in an attempt to target abortion providers. According to the plaintiffs, the act violated Planned Parenthood's equal protection and due process rights by cutting off access to federal money because Planned Parenthood offers abortions, even though none of this money is used for abortions. In addition, it allegedly violated due process, equal protection, and Fourth Amendment rights by imposing unprecedented inspection requirements as well as regulations imposing an ambiguous "trimester" definition.

On June 30, 2016, Judge Robert Hinkle granted the plaintiffs' preliminary injunction in part. He temporarily enjoined the defendants from defunding Planned Parenthood and from imposing the inspection requirements. He noted, however, that the defendants had clarified the meaning of the "trimester" definitions, and it was therefore no longer ambiguous or unconstitutional. On August 18, 2016, Judge Hinkle made the June 30 preliminary injunction permanent.

On October 24, 2016, Judge Hinkle granted the plaintiffs' motion for a determination of entitlement to a fee award. On December 14, 2016, the parties settled on an amount for attorney's fees and on January 25, 2017, they informed the court that these attorney's fees had been paid.

This case is now closed.

Gabriela Hybel - 03/12/2017


compress summary