University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Planned Parenthood Arizona Inc. v. Betlach PB-AZ-0005
Docket / Court 2:16-cv-02337-ROS ( D. Ariz. )
State/Territory Arizona
Case Type(s) Public Benefits / Government Services
Special Collection Planned Parenthood Litigation
Attorney Organization ACLU Chapters (any)
Case Summary
On July 14, 2016, two health care clinics, an Arizona obstetrician-gynecologist, and five Arizona Medicaid patients filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued the Arizona Health Care Containment System under 42 U.S.C. § 1983 for ... read more >
On July 14, 2016, two health care clinics, an Arizona obstetrician-gynecologist, and five Arizona Medicaid patients filed this lawsuit in the United States District Court for the District of Arizona. The plaintiffs sued the Arizona Health Care Containment System under 42 U.S.C. § 1983 for violations of the federal Medicaid statute and the Fourteenth Amendment of the U.S. Constitution. The plaintiffs asked the court for declaratory and injunctive relief enjoining the defendant from enforcing H.B. 2599.

H.B. 2599 was signed into law on May 17, 2016. The Act empowered the defendant to exclude any entity that "failed to segregate taxpayer dollars from abortions, including the use of taxpayer dollars for any overhead expenses attributable to abortions" from participation in Arizona's Medicaid program.

The plaintiffs claimed that the Act violated the Medicaid Act by denying Medicaid patients their right to receive care from a willing and qualified Medicaid provider of their choice. The plaintiffs also claimed that the Act further violated the Due Process Clause of the Fourteenth Amendment because it was impermissibly vague and retaliated against abortion providers. Finally, the plaintiffs alleged that the Act violated the Equal Protection Clause of the Fourteenth Amendment by singling out health care providers who exercise their constitutionally protected right of offering abortion services.

On August 11, 2016, the defendant advised the plaintiffs that the defendant would put H.B. 2599 into effect only after the proper rulemaking process, which would likely take one to two years. The defendant would not enforce the rule until this process was complete. In response to the defendant's assurances, the plaintiff entered a stipulation of dismissal to the court on September 1, 2016. On September 7, 2016, Judge Roslyn Silver granted the dismissal without prejudice.

Gabriela Hybel - 03/13/2017


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Constitutional Clause
Due Process
Equal Protection
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) Arizona Health Care Containment System
Plaintiff Description Two health care clinics, one obstetrician-gynecologist, and five Arizona Medicaid patients
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Case Closing Year 2016
Case Ongoing No
Additional Resources
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  William G. v. Pataki
http://www.bazelon.org/william-g-v-pataki/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Disability Rights New Jersey v. Velez
http://www.bazelon.org/drnj-v-velez/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Williams v. Quinn
http://www.bazelon.org/williams-v-quinn/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. Commonwealth of Virginia
http://www.bazelon.org/u-s-v-virginia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  United States of America v. North Carolina
http://www.bazelon.org/u-s-v-north-carolina/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  U.S. v. Georgia
http://www.bazelon.org/u-s-v-georgia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  O'Toole v. Cuomo [Formerly DAI v. Cuomo]
http://www.bazelon.org/otoole-v-cuomo/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Amanda D. v. Hassan
http://www.bazelon.org/amanda-d-v-hassan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
2:16-cv-2337 (D. Ariz.)
PB-AZ-0005-9000.pdf | Detail
Date: 09/07/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-AZ-0005-0001.pdf | Detail
Date: 07/14/2016
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 19] (D. Ariz.)
PB-AZ-0005-0002.pdf | Detail
Date: 09/07/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Silver [Moore-Silver], Roslyn O. (D. Ariz.)
PB-AZ-0005-0002 | PB-AZ-0005-9000
Plaintiff's Lawyers Amiri, Brigitte A. (New York)
PB-AZ-0005-0001 | PB-AZ-0005-9000
Brody, Kathleen E. (Arizona)
PB-AZ-0005-9000
Lee, Jennifer (New York)
PB-AZ-0005-0001 | PB-AZ-0005-9000
Pasternak, Daniel Benjamin (Arizona)
PB-AZ-0005-0001 | PB-AZ-0005-9000
Pochoda, Daniel Joseph (Arizona)
PB-AZ-0005-0001 | PB-AZ-0005-9000
Robertson, Laura Lawless (Arizona)
PB-AZ-0005-0001 | PB-AZ-0005-9000
Salgado, Diana O. (District of Columbia)
PB-AZ-0005-0001 | PB-AZ-0005-9000
Zureick, Alyson (New York)
PB-AZ-0005-0001 | PB-AZ-0005-9000

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