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Case Name Planned Parenthood of Kansas and Mid-Missouri v. Mosier PB-KS-0002
Docket / Court 2:16-cv-02284-JAR-GLR ( D. Kan. )
State/Territory Kansas
Case Type(s) Public Benefits / Government Services
Special Collection Planned Parenthood Litigation
Case Summary
On May 4, 2016, Planned Parenthood of Kansas and Mid-Missouri (PPGP), Planned Parenthood of the St. Louis Region (PPSLR), current and former employees of Planned Parenthood, and Kansas Medicaid patients filed this lawsuit in the United States District Court for the District of Kansas. The ... read more >
On May 4, 2016, Planned Parenthood of Kansas and Mid-Missouri (PPGP), Planned Parenthood of the St. Louis Region (PPSLR), current and former employees of Planned Parenthood, and Kansas Medicaid patients filed this lawsuit in the United States District Court for the District of Kansas. The plaintiffs sued the Kansas Department of Health and Environment under 42 U.S.C. § 1983 for violations of the Medicaid Act and the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs asked the court for declaratory and injunctive relief enjoining the defendant from terminating provider-plaintiffs from Kansas Medicaid.

The plaintiffs claimed that on May 3, 2016, the defendant issued a decision to terminate Planned Parenthood and current and former Planned Parenthood employees from their Kansas Medicaid Provider agreements. Specifically, the plaintiffs claim that the state made the decision to terminate in response to unfounded and irrelevant allegations made about Planned Parenthood's activities. In particular, the state noted a highly misleading YouTube video created by antichoice activists alleging that Planned Parenthood had sold fetal body parts.

The plaintiffs claimed that a termination of their Kansas Medicaid provider agreements would irreparably harm Kansas Medicaid patients by denying them access to their health care providers of choice.

On July 5, 2016, Judge Julie Robinson denied the plaintiffs' motion for class certification but granted their motion for a temporary restraining order and a preliminary injunction enjoining the defendant from terminating their Kansas Medicaid Provider agreements. 2016 WL 3597457.

On August 3, 2016, the defendant appealed the decision to the Tenth Circuit. On February 21, 2018, a panel of the Tenth Circuit (Circuit Judges Robert E. Bacharach, Gregory A. Phillips, and Carolyn B. McHugh) affirmed the district court’s order granting the plaintiffs’ motion for a temporary restraining order and preliminary injunction as to PPGP, thus restraining Kansas from terminating PPGP’s Medicaid provider agreement. However, the court vacated the district court’s order as to PPSLR, finding that the plaintiffs had failed to meet standing requirements. Since there were no affidavits from any persons receiving or expecting to receive medical care at PPSLR, the plaintiffs had failed to establish any injury they would suffer from the termination of PPSLR. The court remanded the case back to the district court to determine whether PPSLR itself had sufficiently alleged standing to proceed and whether it was entitled to a preliminary injunction. 882 F.3d 1205.

On March 21, 2018, the defendant filed a petition for a writ of certiorari with the Supreme Court of the United States. On December 10, 2018, the Supreme Court denied the petition; Justices Thomas, Alito, and Gorsuch dissented from the denial of certiorari.

The case is still ongoing in the district court.

Gabriela Hybel - 03/12/2017
Lisa Limb - 03/21/2019


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Equal Protection
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Jurisdiction-wide
General
Abortion
Contraception
Disparate Treatment
Funding
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
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Defendant(s) Kansas Department of Health and Environment
Plaintiff Description Planned Parenthood providers, former and current Planned Parenthood employees, Kansas Medicaid Patients
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2016 - 2018
Filing Year 2016
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
2:16−cv−02284−JAR−GLR (D. Kan.)
PB-KS-0002-9000.pdf | Detail
Date: 09/16/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief - Class Action [ECF# 1]
PB-KS-0002-0001.pdf | Detail
Date: 05/04/2016
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 63] (2016 WL 3597457) (D. Kan.)
PB-KS-0002-0002.pdf | WESTLAW | Detail
Date: 07/05/2016
Source: PACER [Public Access to Court Electronic Records]
Judgment [Ct. of App. ECF# 79]
PB-KS-0002-0003.pdf | Detail
Date: 02/21/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bacharach, Robert Edwin (W.D. Okla., Tenth Circuit) show/hide docs
PB-KS-0002-0003
McHugh, Carolyn Baldwin (Tenth Circuit) show/hide docs
PB-KS-0002-0003
Phillips, Gregory Alan (Tenth Circuit) show/hide docs
PB-KS-0002-0003
Robinson, Julie A. (D. Kan.) show/hide docs
PB-KS-0002-0002 | PB-KS-0002-9000
Rushfelt, Gerald L. Court not on record [Magistrate] show/hide docs
PB-KS-0002-9000
Plaintiff's Lawyers Benson, Arthur A. (Missouri) show/hide docs
PB-KS-0002-0001 | PB-KS-0002-9000
Cohen, Melissa A. (New York) show/hide docs
PB-KS-0002-0001 | PB-KS-0002-9000
Eye, Robert Vinson (Kansas) show/hide docs
PB-KS-0002-0001 | PB-KS-0002-9000
Ghertner, Douglas N. (Missouri) show/hide docs
PB-KS-0002-0001 | PB-KS-0002-9000
Lansford, Jamie Kathryn (Missouri) show/hide docs
PB-KS-0002-0001 | PB-KS-0002-9000
Salgado, Diana O. (District of Columbia) show/hide docs
PB-KS-0002-0001 | PB-KS-0002-9000
Defendant's Lawyers Dernovish, Darian Paul (Kansas) show/hide docs
PB-KS-0002-9000
McAllister, Stephen R. (Kansas) show/hide docs
PB-KS-0002-9000
Park, Michael H. (New York) show/hide docs
PB-KS-0002-9000
Qualseth, Shon D. (Kansas) show/hide docs
PB-KS-0002-9000
Strawbridge, Patrick (Massachusetts) show/hide docs
PB-KS-0002-9000
Warner, Sarah E. (Kansas) show/hide docs
PB-KS-0002-9000

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