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Case Name Planned Parenthood Association of Utah v. Herbert PB-UT-0004
Docket / Court 2:15-cv-00693-DB ( D. Utah )
State/Territory Utah
Case Type(s) Public Benefits / Government Services
Special Collection Planned Parenthood Litigation
Case Summary
On September 28, 2015, Planned Parenthood Association of Utah (PPAU) filed this lawsuit in the U.S. Court for the District of Utah. The plaintiff sued the Utah Department of Health under 42 U.S.C. § 1983 for violations of their First and Fourteenth Amendment rights. The plaintiffs asked the court ... read more >
On September 28, 2015, Planned Parenthood Association of Utah (PPAU) filed this lawsuit in the U.S. Court for the District of Utah. The plaintiff sued the Utah Department of Health under 42 U.S.C. § 1983 for violations of their First and Fourteenth Amendment rights. The plaintiffs asked the court for declaratory and injunctive relief, asking the court to enjoin the defendants from preventing PPAU's access to federal funds it is otherwise qualified to receive.

The plaintiffs claimed that on August 14, 2015, the Governor of Utah directed state agencies to "cease acting as an intermediary for federal grant money going to PPAU for non-abortion related services." The Governors directive was a response to a misleading video created by antichoice activists misrepresenting Planned Parenthood and falsely accusing the organization of "selling fetal body parts." The Utah Department of Health followed the Governor's directive, and planned to interfere with Planned Parenthood's access to federal funding for non-abortion services. The plaintiffs argued that the state's actions would cause irreparable harm to Planned Parenthood and its patients.

On September 29, 2015, Judge Clark Waddoups issued a temporary restraining order enjoining the defendants from denying funding to PPAU until October 15, 2016. On October 15, 2015, Judge Waddoups held a hearing on the motion for a preliminary injunction. On December 22, 2015 he issued an order denying the preliminary injunction and vacating the temporary restraining order. On December 27, 2015, PPAU filed an interlocutory appeal to the U.S. Court of Appeals for the Tenth Circuit on the preliminary injunction decision. The case was stayed at the district court level while the Tenth Circuit decided on the appeal.

On August 8. 2016, the Tenth Circuit reversed the lower courts decision and imposed a preliminary injunction enjoining the state from defunding PPAU. On September 7, 2016, Judge Dee Benson for the district court issued a preliminary injunction order in line with the Court of Appeals ruling.

Litigation continues at the district court level, but there has been little activity over the last several months.

Gabriela Hybel - 02/27/2017


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Equal Protection
Freedom of speech/association
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
Defendant(s) Utah Department of Health
Plaintiff Description Planned Parenthood Association of Utah
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2016 - n/a
Filing Year 2015
Case Ongoing Yes
Docket(s)
2:15-cv-00693-DB (D. Utah)
PB-UT-0004-9000.pdf | Detail
Date: 02/10/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 2]
PB-UT-0004-0001.pdf | Detail
Date: 09/28/2015
Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order Denying Preliminary Injunction [ECF# 30] (2015 WL 9412539) (D. Utah)
PB-UT-0004-0002.pdf | WESTLAW | Detail
Date: 12/22/2015
Source: PACER [Public Access to Court Electronic Records]
[Order] [Ct. of App. ECF# 37]
PB-UT-0004-0003.pdf | Detail
Date: 08/08/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Bacharach, Robert Edwin (W.D. Okla., Tenth Circuit)
PB-UT-0004-0003
Benson, Dee Vance (FISC, D. Utah)
PB-UT-0004-9000
Briscoe, Mary Beck (Tenth Circuit)
PB-UT-0004-0003
Ebel, David M. (Tenth Circuit)
PB-UT-0004-0003
Waddoups, Clark (D. Utah)
PB-UT-0004-0002
Plaintiff's Lawyers Greenwood, Christine T. (Utah)
PB-UT-0004-0001 | PB-UT-0004-9000
Parrish, Jennifer F (Utah)
PB-UT-0004-0001 | PB-UT-0004-9000
Tomsic, Peggy A (Utah)
PB-UT-0004-0001 | PB-UT-0004-9000
Defendant's Lawyers Douglas, Parker (Utah)
PB-UT-0004-9000
Green, Tyler R. (Utah)
PB-UT-0004-9000
Purser, Stanford Edward (Utah)
PB-UT-0004-9000

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