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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), represented by private counsel, 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 ... read more >
On September 28, 2015, Planned Parenthood Association of Utah (PPAU), represented by private counsel, 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 July 12 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.

Subsequent to Tenth Circuit's July 12, 2016 order, a poll was called, sua sponte, to consider en banc rehearing. Upon that consideration, a majority of the active available judges of the court voted to deny. Judge Briscoe and Bacharach wrote separate concurring opinions as to the denial of en banc rehearing. Judge Gorsuch wrote a separate dissent, that Judges Tymkovich, Hartz and Holmes joined.

On April 28, 2017, the parties submitted a stipulation proposing a permanent injunction. The proposed permanent injunction provided that Utah would not deny funding to the Plaintiff on impermissible constitutional grounds, including the
Plaintiff’s provision of or advocacy for legal abortion; or the Plaintiff’s association or
affiliation with the national Planned Parenthood organization or its affiliates, or other
organizations with which provide for the advocacy of legal abortion.

The proposed injunction would not require the defendants to continue contracts, renew contracts, or issue new contracts to the Plaintiff. However, if the defendants
defunded, declined to renew, or did not issue a contract to the Plaintiff, they were required to state in writing a legitimate basis for doing so and provide that writing to the Plaintiff within thirty (30) days of the time their decision takes effect. Legitimate bases could not include unproven allegations against the national Planned Parenthood organization or its affiliates or the Plaintiff’s provision of or advocacy for legal abortion.

On May 5, 2017, the Court adopted the parties' stipulated permanent injunction.

On May 9, the parties stipulated to dismiss the case, with prejudice, in light of the permanent injunction. The Court did so on May 10.

The case is now closed, and the permanent injunction is still in place.

Gabriela Hybel - 02/27/2017
Michael Beech - 03/31/2019


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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
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2017 - n/a
Filing Year 2015
Case Closing Year 2017
Case Ongoing No
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)
2:15-cv-00693-DB (D. Utah)
PB-UT-0004-9000.pdf | Detail
Date: 05/10/2017
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]
Tenth Circuit Court Order [Ct. of App. ECF# 42] (839 F.3d 1301)
PB-UT-0004-0004.pdf | WESTLAW| LEXIS | Detail
Date: 10/28/2016
Source: PACER [Public Access to Court Electronic Records]
Permanent Injunction Order [ECF# 51] (D. Utah)
PB-UT-0004-0005.pdf | Detail
Date: 05/08/2017
Source: PACER [Public Access to Court Electronic Records]
Order Dismissing Action with Prejudice [ECF# 53] (D. Utah)
PB-UT-0004-0006.pdf | Detail
Date: 05/10/2017
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-UT-0004-0003 | PB-UT-0004-0004
Benson, Dee Vance (FISC, D. Utah) show/hide docs
PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000
Briscoe, Mary Beck (Tenth Circuit) show/hide docs
PB-UT-0004-0003 | PB-UT-0004-0004
Ebel, David M. (Tenth Circuit) show/hide docs
PB-UT-0004-0003
Gorsuch, Neil M. (Tenth Circuit, SCOTUS) show/hide docs
PB-UT-0004-0004
Hartz, Harris L. (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Holmes, Jerome A. (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Kelly, Paul Joseph Jr. (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Lucero, Carlos F. (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Moritz, Nancy Louise (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Phillips, Gregory Alan (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Tymkovich, Timothy M. (Tenth Circuit) show/hide docs
PB-UT-0004-0004
Waddoups, Clark (D. Utah) show/hide docs
PB-UT-0004-0002
Plaintiff's Lawyers Greenwood, Christine T. (Utah) show/hide docs
PB-UT-0004-0001 | PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000
Parrish, Jennifer F (Utah) show/hide docs
PB-UT-0004-0001 | PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000
Tomsic, Peggy A (Utah) show/hide docs
PB-UT-0004-0001 | PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000
Defendant's Lawyers Douglas, Parker (Utah) show/hide docs
PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000
Green, Tyler R. (Utah) show/hide docs
PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000
Purser, Stanford Edward (Utah) show/hide docs
PB-UT-0004-0005 | PB-UT-0004-0006 | PB-UT-0004-9000

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