University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Planned Parenthood Southeast, Inc. v. Dzielak PB-MS-0007
Docket / Court 3:16-cv-00454-DPJ-FKB ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Public Benefits / Government Services
Special Collection Planned Parenthood Litigation
Case Summary
On June 15, 2016, Planned Parenthood Southeast, Inc. (PPSE), Planned Parenthood Greater Memphis Region, Inc. (PPGMR), and a Mississippi Medicaid patient filed this lawsuit in the U.S. Court for the Southern District of Mississippi. The plaintiffs sued the Mississippi Division of Medicaid under 42 U. ... read more >
On June 15, 2016, Planned Parenthood Southeast, Inc. (PPSE), Planned Parenthood Greater Memphis Region, Inc. (PPGMR), and a Mississippi Medicaid patient filed this lawsuit in the U.S. Court for the Southern District of Mississippi. The plaintiffs sued the Mississippi Division of Medicaid under 42 U.S.C. § 1983 alleging violations of the Medicaid Statute and the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. The plaintiffs, represented by the Planned Parenthood Federation of America, asked the court for declaratory and injunctive relief to enjoin the defendant from disqualifying the provider plaintiffs from the Medicaid programs. On July 6, 2016, the plaintiffs filed a final amended complaint. The amended complaint added Jane Doe #2 as a fourth plaintiff. Both Jane Doe #1 and Jane Doe #2 were Mississippi residents and Medicaid patients who received reproductive care from Planned Parenthood and wished to continue with this care.

The plaintiffs claimed that on May 10, 2016, the Mississippi governor signed into law an act that would disqualify any entity that performs abortions from participation in Medicaid programs. The plaintiffs claimed that the act would irreparably harm Mississippi men and women, such as the two Jane Does, who rely on Planned Parenthood for critical health services. They argued the act violated the Medicaid Free Choice Act (42 U.S.C. § 1396a(a)(23)), which guarantees patients the right to choose any willing and qualified provider within the Medicaid Program. They further argued that it violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment by singling out Planned Parenthood for unfavorable treatment and imposing unconstitutional conditions on Planned Parenthood's eligibility to participate in the Medicaid Program.

On October 20, 2016, Judge Jordan III granted the plaintiffs' motion for summary judgment. The court found that virtually every court that had ruled on similar laws had found the laws in violation of 42 U.S.C. § 1396a(a)(23). Specifically, Judge Jordan III noted that the U.S. Fifth Circuit Court of Appeals had found similarly in the September 14, 2016 case, Planned Parenthood of Gulf Coast, Inc. v. Gee. He therefore issued a permanent injunction to enjoin the defendant from enforcing the law in question.

On November 18, 2016, the defendant appealed the ruling to the Fifth Circuit of the United States Court of Appeals because the defendant in Planned Parenthood of Gulf Coast, Inc. v. Gee had petitioned for a rehearing.

The case has been stayed at the lower court while it goes up on appeal.

Gabriela Hybel - 03/03/2017


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Benefit Source
Medicaid
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
General
Abortion
Public benefits (includes, e.g., in-state tuition, govt. jobs)
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
Title XIX of the Social Security (Medicaid) Act, 42 U.S.C §1396
Defendant(s) Mississippi Division of Medicaid
Plaintiff Description Two Mississippi Planned Parenthoods; Two Mississippi Medicaid patients
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2016 - n/a
Case Ongoing Yes
Additional Resources
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http://www.bazelon.org/otoole-v-cuomo/
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http://www.bazelon.org/amanda-d-v-hassan/
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Docket(s)
3:16-cv-00454 (S.D. Miss.)
PB-MS-0007-9000.pdf | Detail
Date: 02/16/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-MS-0007-0001.pdf | Detail
Date: 06/15/2016
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory and Injunctive Relief [ECF# 11]
PB-MS-0007-0002.pdf | Detail
Date: 07/06/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 32] (2016 WL 6127980) (S.D. Miss.)
PB-MS-0007-0003.pdf | WESTLAW | Detail
Date: 10/20/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Jordan, Daniel Porter III (S.D. Miss.)
PB-MS-0007-0003 | PB-MS-0007-9000
Plaintiff's Lawyers Byrd, Sibyl C. (Mississippi)
PB-MS-0007-0001 | PB-MS-0007-0002 | PB-MS-0007-9000
Cohen, Melissa A. (New York)
PB-MS-0007-0001 | PB-MS-0007-0002 | PB-MS-0007-9000
Flaxman, Carrie Y. (District of Columbia)
PB-MS-0007-0001 | PB-MS-0007-0002 | PB-MS-0007-9000
McDuff, Robert B. (Mississippi)
PB-MS-0007-0001 | PB-MS-0007-0002 | PB-MS-0007-9000
Defendant's Lawyers Minor, Wilson D. (Mississippi)
PB-MS-0007-9000

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