Planned Parenthood v. American Coalition of Life

• Citation: 41 F.Supp.2d 1130
• Decision Date: 16 March 1999
• Docket Number: No. Civ. 95-1671-JO.,Civ. 95-1671-JO.
• Parties: PLANNED PARENTHOOD OF THE COLUMBIA/WILLAMETTE, INC.; et al., Plaintiffs, v. AMERICAN COALITION OF LIFE ACTIVISTS; et al., Defendants.
• Court: Supreme Court of Oregon

Page 1130

41 F.Supp.2d 1130

PLANNED PARENTHOOD OF THE COLUMBIA/WILLAMETTE, INC.; et al., Plaintiffs, v. AMERICAN COALITION OF LIFE ACTIVISTS; et al., Defendants.

No. Civ. 95-1671-JO.

United States District Court, D. Oregon.

March 16, 1999.

Carol J. Bernick, Davis Wright Tremaine, Portland, OR, Stephen S. Walters, Stoel Rives, Portland, OR, Elizabeth Maringer, Maria T. Vullo, Martin London, Paul Weiss Rifkind Wharton & Garrison, New York City, NY, Roger Evans, Planned Parenthood Federation of America Inc., New York City, NY, for Planned Parenthood of the Columbia/Willamette Inc., plaintiff.

Carol J. Bernick, Davis Wright Tremaine, Portland, OR, Stephen S. Walters, Stoel Rives, Portland, OR, Elizabeth Maringer, Maria T. Vullo, Martin London, Paul Weiss Rifkind Wharton & Garrison, New York City, NY, for Portland Feminist Women's Health Center, Robert Crist, MD, Warren M. Hern, MD, Elizabeth

Newhall, MD, James Newhall, MD, Karen Sweigert, MD, plaintiffs.

David T. Daulton, Berean Law Group PC, Norfolk, VA, Kevin L. Gibbs, Olmstead Gibbs & Harper, Seattle, WA, Mark Renart Peck, Law Office of Mark Renart Peck, Morristown, NJ, William D. Bailey, Lake Oswego, OR, for American Coalition of Life Activists, Advocates for Life Ministries, Andrew Burnett, David Crane, Catherine Ramey, Dawn Marie Stover, defendants.

Kevin L. Gibbs, Olmstead Gibbs & Harper, Seattle, WA, Mark Renart Peck, Law Office of Mark Renart Peck, Morristown, NJ, William D. Bailey, Lake Oswego, OR, for Michael Bray, Charles Roy McMillan, Bruce Evan Murch, defendants.

Mark Belz, Belz & Jones PC, St. Louis, MO, Kevin L. Gibbs, Olmstead Gibbs & Harper, Seattle, WA, Michael R. Hirsh, Hirsh & Heuser PC, Canton, GA, Mark Renart Peck, Law Office of Mark Renart Peck, Morristown, NJ, William D. Bailey, Lake Oswego, OR, for Timothy Paul Dreste, Joseph L. Foreman, Charles Wysong, defendants.

Michael P. Tierney, Legal Center for the Defense of Life, New York City, NY, David T. Daulton, Berean Law Group PC, Norfolk, VA, John M. McSherry, Legal Center for Defense of Life, New York City, NY, James M. Bendell, Law Office of James M. Bendell, Port Townsend, WA, Norman L. Lindstedt, Norman L. Lindstedt, PC, Portland, OR, Richard J. Traynor, Law Office Richard J. Traynor, Morristown, NJ, for Michael Dodds, Stephen P. Mears, defendants.

Chris Ferrara, American Catholic Lawyers Association, Fairfield, NJ, James M. Bendell, Norman L. Lindstedt, Norman L. Lindstedt, PC, Portland, OR, Richard J. Traynor, Law Office Richard J. Traynor, Morristown, NJ, for Monica Migliorino Miller, defendant.

Chris Ferrara, American Catholic Lawyers Association, Fairfield, NJ, James M. Bendell, Richard J. Traynor, Law Office Richard J. Traynor, Morristown, NJ, Mark Renart Peck, Law Office of Mark Renart Peck, Morristown, NJ, for Donald Treshman, defendant.

Michael H. Simon, Chin See Ming, Perkins Coie, Portland, OR, for American Civil Liberties Union Foundation of Oregon, Amicus.

Henry Kane, Beaverton, OR, movant pro se.

Paul deParrie, Portland, OR, movant pro se.

AMENDED ORDER AND PERMANENT INJUNCTION

ROBERT E. JONES, District Judge.

Plaintiffs, Dr. Robert Crist, Dr. Warren Hern, Dr. Elizabeth Newhall, Dr. James Newhall, Planned Parenthood of the Columbia/Willamette, Inc. and Portland Feminist Women's Health Center, doing business as All Women's Health Services (collectively "plaintiffs"), commenced this action seeking a permanent injunction, damages and other relief. The trial before the jury having been concluded, and the jury having found that defendants did issue true threats against plaintiffs, and this Court having found that plaintiffs are without an adequate remedy at law, the Court makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

I. The Threats

A. The "Deadly Dozen" Poster

1. The Deadly Dozen poster, trial exhibit 1, is a true threat to bodily harm, assault, or kill one or more of the plaintiffs.

2. The Deadly Dozen poster was created by the American Coalition of Life Activists ("ACLA") and first published in or around Washington, D.C. on January 22, 1995. (Ex. 1; Tr. 1352, 1385)

3. Defendants Michael Bray, Andrew Burnett, David Crane, Michael Dodds, Joseph Foreman, C. Roy McMillan, Bruce Murch, Catherine Ramey, Dawn Stover,

Donald Treshman and Charles Wysong attended the ACLA event where the Deadly Dozen poster was unveiled. (Answer of defendants American Coalition of Life Activists, Advocates for Life Ministries, Michael Bray, Andrew Burnett, David Crane, Timothy Dreste, C. Roy McMillan, Bruce Murch, Catherine Ramey, Dawn Stover and Charles Wysong ("ACLA Answer") ¶ 40; Tr. 1254, 1356, 1493-94) Defendant Dreste ratified the poster's release. (Tr. 1170, 2486) Defendant Advocates for Life Ministries ("ALM") republished the poster in its magazine Life Advocate. (Ex. 3) Defendant Murch republished the poster in his publication, Salt & Light. (Ex. 2) Defendants also republished the poster at later ACLA events.

4. The Deadly Dozen poster was unveiled at the event in blown-up form. (Tr. 1357)

5. The Deadly Dozen poster lists thirteen physicians. Three of the plaintiffs are specifically named with their place of residence: Dr. Elizabeth Newhall, Dr. James Newhall and Dr. Warren Hern. (ACLA Answer ¶ 41; Ex. 1; Tr. 1254-55)

6. In addition to their names and the city in which they reside, the Deadly Dozen poster lists the home address of Drs. James and Elizabeth Newhall. (ACLA Answer ¶ 41; Ex. 1; Tr. 1254-55)

7. The Deadly Dozen poster lists the name and home address of Dr. George Kabacy, a doctor who at the time provided abortions at plaintiff, Planned Parenthood of the Columbia/Willamette, Inc. ("Planned Parenthood"). (Ex. 1; Tr. 477)

8. Also listed on the Deadly Dozen poster is Dr. Joseph Booker of Jackson, Mississippi, who had been a target of ACLA protests during ACLA's first event in Jackson, Mississippi, in August 1994. (Ex. 1, Tr. 970-71)

9. Also listed on the Deadly Dozen poster is the name and address of Dr. George Tiller of Kansas. Dr. Tiller was shot in both arms in August 1993 by Shelley Shannon of Grants Pass, Oregon. Shannon had been to Wichita before, and had protested Dr. Tiller, along with defendants Andrew Burnett and Catherine Ramey. (Ex. 51) At the time Shannon shot Dr. Tiller, she had in her possession copies of Life Advocate magazine (published by defendant ALM) with information about Dr. Tiller. (Tr. 1080) Among those who signed a petition supporting the acquittal of Shannon were defendants ALM, Bray, Burnett, Dodds and McMillan. (Ex. 52; Tr. 1491) Defendant Dawn Stover publicly supported Shannon on national television. (Tr. 2456) In his October 1993 editorial for Life Advocate, defendant Burnett stated "Shelley was a courageous women [sic] that we were very proud to be associated with." (Ex. 51)

10. The day after the Deadly Dozen poster was released, the Federal Bureau of Investigation contacted the doctors named on the list, notified them of their need to take safety measures and offered 24-hour personal protection of the U.S. Marshal Service for the doctors and their families. (Tr. 568-69) Calls from the U.S. Marshals and other law enforcement followed. (Tr. 236, 624) Plaintiffs heeded these warnings.

B. The Poster of Dr. Robert Crist

11. The Poster of Dr. Robert Crist, trial exhibit 5, is a true threat to bodily harm, assault or kill one or more of the plaintiffs.

12. The Poster of Dr. Robert Crist displays a photograph of Dr. Crist, and his home and business addresses. (ACLA Answer ¶ 48b; Ex. 5; Tr. 1257)

13. The Poster of Dr. Crist was created and first published by ACLA during its event in St. Louis, Missouri in August 1995. (ACLA Answer ¶ 48b; Ex. 5; Tr. 608, 899, 1257)

14. Defendants Andrew Burnett, David Crane, Timothy Dreste, C. Roy McMillan, Catherine Ramey, Dawn Stover and Charles Wysong attended the ACLA event where the Poster of Dr. Crist was unveiled. The other defendants assisted in planning the event and the poster and/or ratified its release. (ACLA Answer ¶ 47c; Tr. 1228, 1257, 1494-95)

15. Immediately after the poster was released, Dr. Crist was informed by the St. Louis police that he should take additional security precautions. (Tr. 1104) Dr. Crist followed that advice. (Tr. 1110)

C. The Nuremberg Files

16. The "Nuremberg Files," trial exhibits 7 and 9, are a true threat to bodily harm, assault or kill one or more of the plaintiffs.

17. The Nuremberg Files list the names and contain personal information on abortion providers, clinic employees and clinic owners, law enforcement officials involved in securing access to abortion services, judges, politicians, and abortion rights supporters. (Ex. 7, Tr. 2283)

18. Dr. Robert Crist appears in the Nuremberg Files. (Exs. 7A, 7B, 7C; Tr. 1116-17)

19. Dr. Warren Hern appears in the Nuremberg Files. (Exs.7A, 7B, 7C) A photograph of Dr. Warren Hern appears in the Nuremberg Files along with the address and telephone numbers of his medical offices. (Exs. 7A, 7E; Tr. 2296)

20. Dr. Elizabeth Newhall appears in the Nuremberg Files. (Exs. 7A, 7B, 7C; Tr. 286)

21. Dr. James Newhall appears in the Nuremberg Files. (Exs.7A, 7B, 7C)

22. At one time, defendants possessed a hard copy version of the Nuremberg Files, including one of Dr. James Newhall. (Ex. 9) These files have since been destroyed by defendants and/or their agents during the course of this lawsuit and were therefore not produced to plaintiffs.

23. The names of several doctors and employees of plaintiff Planned Parenthood appear in the Nuremberg Files: Dr. George Kabacy (also named on the Deadly Dozen poster), Dr. Mark Nichols (Planned Parenthood's medical director), Dr. Gary Prohaska (a former chair of Planned Parenthood's medical committee), and Allie Stickney (Planned Parenthood's former executive director). (Exs. 7A, 7B, 7C; Tr. 529)

24. The (now former) executive director of plaintiff Portland Feminist Women's Health Center ("Portland Feminist"), Jude Hanzo, is listed and...