On August 9, 2000, an inmate at the Hamilton County Jail in Cincinnati, Ohio filed a lawsuit under 42 U.S.C. § 1983 against Hamilton County in the U.S. District Court for the Southern District of Ohio. The plaintiff, who was represented by private counsel, asked the court for injunctive relief, alleging that her constitutional right to terminate her pregnancy had been violated by the defendants' policies regarding abortion procedures for inmates. Plaintiff's request for abortion services was denied under this policy, which required the medical director to determine that an abortion was therapeutically indicated before being allowed.

The jail refused to transport plaintiff to receive abortion services without a court order. On January 10, 2001, the U.S. District Court for the Southern District of Ohio (Judge Susan Dlott) granted the plaintiff's request for a permanent injunction and ordered the jail to provide abortion services to inmates who requested them, finding the jail's policy imposed an "undue burden" on inmates' right to choose. Roe v. Leis, 2001 WL 1842459 (S.D.Ohio Jan. 10, 2001). On January 21, 2001, the plaintiff asked the court to award her attorneys' fees and costs as the prevailing party in the lawsuit. On June 5, 2001, the court (Judge Dlott) granted the plaintiff's request and awarded fees.

Kristen Sagar - 10/13/2006


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