University of Michigan Law School
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Case Name Planned Parenthood of Southwest and Central Florida Inc. v. Philip PB-FL-0020
Docket / Court 4:16-cv-00321-RH-CAS ( N.D. Fla. )
State/Territory Florida
Case Type(s) Public Benefits / Government Services
Special Collection Planned Parenthood Litigation
Case Summary
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 ... read more >
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


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
General
Abortion
Contraception
Disparate Treatment
Funding
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Records Disclosure
Medical/Mental Health
Reproductive health care (including birth control, abortion, and others)
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Non-government non-profit
Causes of Action 42 U.S.C. § 1983
Defendant(s) Florida Agency for Health Care Administration
Florida Department of Health
Plaintiff Description Two Florida Planned Parenthood clinics
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2016 - n/a
Case Closing Year 2017
Case Ongoing No
Additional Resources
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http://www.bazelon.org/u-s-v-north-carolina/
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http://www.bazelon.org/u-s-v-georgia/
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  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
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  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
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Docket(s)
No docket sheet currently in the collection
General Documents
Complaint for Injunctive and Declaratory Relief [ECF# 1]
PB-FL-0020-0001.pdf | Detail
Date: 06/02/2016
Source: PACER [Public Access to Court Electronic Records]
Preliminary Injunction [ECF# 20] (194 F.Supp.3d 1213) (N.D. Fla.)
PB-FL-0020-0002.pdf | WESTLAW| LEXIS | Detail
Date: 06/30/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Hinkle, Robert Lewis (N.D. Fla.)
PB-FL-0020-0002
Plaintiff's Lawyers Flaxman, Carrie Y. (District of Columbia)
PB-FL-0020-0001
Green, James K. (Florida)
PB-FL-0020-0001
Keighley, Jennifer (District of Columbia)
PB-FL-0020-0001
Krasnoff, Helene T. (District of Columbia)
PB-FL-0020-0001

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