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Case Name Planned Parenthood of Arkansas & Eastern Oklahoma Inc. v. Gillespie PB-AR-0006
Docket / Court 4:15-cv-00566-KGB ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Public Benefits / Government Services
Special Collection Planned Parenthood Litigation
Case Summary
On September 11, 2015, two Planned Parenthood Clinics (provider plaintiffs) and three Arkansas Medicaid patients (Jane Doe Plaintiffs) filed this lawsuit in United States District Court for the Eastern District of Arkansas. The plaintiffs sued the Arkansas Department of Human Services (ADHS) under 4 ... read more >
On September 11, 2015, two Planned Parenthood Clinics (provider plaintiffs) and three Arkansas Medicaid patients (Jane Doe Plaintiffs) filed this lawsuit in United States District Court for the Eastern District of Arkansas. The plaintiffs sued the Arkansas Department of Human Services (ADHS) under 42 U.S.C. § 1983 for violations of the Medicaid Act and the First and Fourteenth Amendments to the United States Constitution. The plaintiffs asked the court for declaratory and injunctive relief enjoining the defendant from excluding Planned Parenthood as a Medicaid provider.

Specifically, the plaintiffs claimed that on August 15, 2015, ADHS notified the provider plaintiffs that ADHS would soon terminate provider plaintiffs' Medicaid provider agreements. While ADHS gave no reason for the termination, a press release by Arkansas Governor Asa Hutchinson indicated that the decision was in reaction to heavily edited videos released by anti-choice advocates claiming Planned Parenthood clinics in other states had sold fetal body parts. The plaintiffs claimed that such videos were both misleading and had no relevance as to provider plaintiffs' ability to offer quality Medicaid services. Further, the plaintiffs claimed that termination of the provider plaintiffs' Medicaid provider agreements violated the Medicaid Act by denying the Jane Doe plaintiffs their right to choose the willing and qualified health care provider of their choice; the First and Fourteenth Amendment by penalizing the plaintiffs for their constitutionally protected association with abortion providers; and the Equal Protection Clause by singling plaintiffs out for unfavorable treatment.

On September 18, 2015, U.S. District Judge Kristine G. Baker issued a temporary restraining order enjoining the defendant from suspending Medicaid payments to the provider plaintiffs for the next 14 days. On October 2, 2015, Judge Baker issued a preliminary injunction enjoining the defendant from suspending Medicaid payments to the provider plaintiffs for services received by Jane Doe patients. On October 5, 2015, the defendant appealed Judge Baker's preliminary injunction order to the United States Court of Appeals for the Eighth Circuit.

While the appeal was pending, on October 5, 2016, plaintiffs filed a motion for class certification for any Medicaid patient receiving or desiring to receive health services from Planned Parenthood. Judge Baker granted class certification on January 25, 2016. On March 3, 2016, Judge Baker amended the class certification to remove any requirement that the plaintiffs notify class members.

On September 28, 2016, Judge Baker issued a new preliminary injunction enjoining the defendant from suspending Medicaid payments to provider plaintiffs for services received by any members of the plaintiff class. This included any Arkansas Medicaid patient who receives services from the provider plaintiffs.

On October 27, 2016, ADHS appealed the second preliminary injunction to the United States Court of Appeals for the Eighth Circuit. This appeal was consolidated with the defendants October 5, 2015 appeal of the first preliminary injunction. The case is ongoing.

Gabriela Hybel - 03/20/2017


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Temporary Assistance for Needy Families (TANF)
Constitutional Clause
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)
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) Arkansas Department of Human Services
Plaintiff Description Planned Parenthood Clinics, Arkansas Medicaid patients receiving services from Planned Parenthood
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
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)
4:15-cv-566 (E.D. Ark.)
PB-AR-0006-9000.pdf | Detail
Date: 12/13/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief [ECF# 1]
PB-AR-0006-0001.pdf | Detail
Date: 09/11/2015
Source: PACER [Public Access to Court Electronic Records]
Amended and Substituted Preliminary Injunction Order [ECF# 45] (E.D. Ark.)
PB-AR-0006-0002.pdf | Detail
Date: 10/05/2015
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 86] (313 F.R.D. 81) (E.D. Ark.)
PB-AR-0006-0003.pdf | WESTLAW| LEXIS | Detail
Date: 01/25/2016
Source: PACER [Public Access to Court Electronic Records]
Preliminary Injunction Order on Behalf of the Patient Class [ECF# 127] (E.D. Ark.)
PB-AR-0006-0004.pdf | Detail
Date: 09/29/2016
Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint for Injunctive and Declaratory Relief: Class Action [ECF# 135]
PB-AR-0006-0005.pdf | Detail
Date: 11/30/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Baker, Kristine Gerhard (E.D. Ark.)
PB-AR-0006-0002 | PB-AR-0006-0003 | PB-AR-0006-0004 | PB-AR-0006-9000
Plaintiff's Lawyers Brownstein, Bettina E. (Arkansas)
PB-AR-0006-0001 | PB-AR-0006-0005 | PB-AR-0006-9000
Muniz, Richard (Illinois)
PB-AR-0006-0005 | PB-AR-0006-9000
Sandman, Jennifer (New York)
PB-AR-0006-0001 | PB-AR-0006-0005 | PB-AR-0006-9000
Defendant's Lawyers Cordi , C Joseph (Arkansas)
PB-AR-0006-9000
Curran, David A. (Arkansas)
PB-AR-0006-9000
Pipkin, Mindy D. (Arkansas)
PB-AR-0006-9000
Rudofsky, Lee (Arkansas)
PB-AR-0006-9000
Sterling, David Wayne (Arkansas)
PB-AR-0006-9000

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