Margaret v. Treen

Decision Date29 June 1984
Docket NumberCiv. A. No. 78-2765.
Citation597 F. Supp. 636
PartiesMARGARET S., and Linda S., on their own behalf and on behalf of all others similarly situated; Dr. Roy Wood, Dr. Calvin Jackson, and Dr. Duncan McKellar, on their own behalf and on behalf of all others similarly situated; and Clinical Leasing Services, Inc. d/b/a Delta Women's Clinic, Orleans Women's Clinic, Causeway Medical Suite, Bossier City Medical Suite, and Metairie Women's Medical Center v. David C. TREEN, Governor of the State of Louisiana; William J. Guste, Jr., Attorney General of the State of Louisiana; George A. Fischer, Secretary of the State of Louisiana Health and Human Resources Administration; all of the above in their individual and official capacities.
CourtU.S. District Court — Eastern District of Louisiana

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Suzanne Lynn, Nan Hunter, Jane Johnson, Wendy Wells, New York City, for plaintiffs.

William J. Guste, Jr., Atty. Gen., Patricia Nalley Bowers, Asst. Atty. Gen., New Orleans, La., for defendants.

OPINION

ROBERT F. COLLINS, District Judge.

This is an individual and class action brought by two representatives of the class of pregnant women desiring abortions, three physicians who perform abortions, and five clinics offering facilities for the performance of abortions. The action seeks declaratory and permanent injunctive relief against the operation of La.Rev.Stat. Ann. ?? 40:1299.35.2(B); 1299.35.3; 1299.35.5; 1299.35.6(B)(3), (4), (5) and (7); 1299.35.10(A)(18); 1299.35.12; 1299.35.13 and 1299.35.14 (West Supp.1981) (hereinafter referred to as "the challenged sections"), and against state officials who will be required to execute and enforce the statute challenged herein.

La.Rev.Stat.Ann. ? 40:1299.35.12 was enacted September 11, 1980 and was not repealed by subsequent legislative action. La.Rev.Stat.Ann. ?? 40:1299.35.2(B); 1299.35.3; 1299.35.5; 1299.35.6(B)(3), (4), (5) and (7); 1299.35.10(A)(18); 1299.35.13 and 1299.35.14 were amended and reenacted by the 1981 session of the Louisiana legislature and became law on July 23, 1981.

The plaintiffs contend that the challenged sections are intended to and will have the effect of deterring women from exercising the fundamental right to abortion which was recognized by the Supreme Court in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). The plaintiffs also contend that the challenged sections subject physicians who perform abortions and facilities which provide abortion services to regulation and criminal prosecution if they fail to comply with the provisions. The plaintiffs challenge these sections on various grounds, contending that they are violative of the due process and equal protection clauses of the Fourteenth Amendment; that they are unconstitutionally vague; and that they violate the free exercise clause of the First Amendment.

Plaintiff Margaret S. is a citizen of the United States residing in New Orleans, Louisiana. At the time of filing of the original complaint, Margaret S. was eight weeks pregnant and desired an abortion. Margaret S. was certified by this Court as a class representative for the class described in paragraph 16 of the original complaint and paragraph 19 of this second amended and supplemental complaint. She brings this action on behalf of herself and all others similarly situated.

Plaintiff Linda S. is a citizen of the United States residing in Louisiana. At the time of the filing of this complaint, Linda S. was ten weeks pregnant and desired that an abortion be performed in Louisiana. Linda S. is 17 years old, unmarried and unemancipated. She claims that both of her parents are vehemently opposed to abortion, and she would be afraid to ask their consent. She has no knowledge of how she could obtain a court order for an abortion. She contends that she is a mature minor, and it would not be in her best interests for her parents to know of her decision to get an abortion. She wishes to sue under a pseudonym to protect her privacy rights. She seeks to represent herself and all other minors similarly situated.

Plaintiff Dr. Roy C. Wood is a citizen of the United States residing in Baton Rouge, and is a physician licensed to practice medicine in the State of Louisiana. Dr. Wood is actively engaged in the practice of medicine, including the performance of abortions, in Baton Rouge. Dr. Wood brings this action on his own behalf and on behalf of all those similarly situated, and on behalf of his pregnant women patients who desire abortions, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Calvin Jackson is a citizen of the United States residing in New Orleans and is a physician licensed to practice medicine in the State of Louisiana. Dr. Jackson is actively engaged in the practice of gynecology, including the performance of abortions, in New Orleans. Dr. Jackson brings this action on his own behalf and on behalf of all those similarly situated, and on behalf of his pregnant women patients who desire abortions, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Dr. Duncan McKellar is a citizen of the United States residing in New Orleans, Louisiana, and Dallas, Texas, and is a physician licensed to practice medicine in the States of Louisiana and Texas. Dr. McKellar is actively engaged in the practice of medicine, including abortions, in New Orleans. Dr. McKellar brings this action on his own behalf and on behalf of all those similarly situated, and on behalf of his pregnant women patients who desire abortions, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Clinical Leasing Services, Inc. is a Delaware corporation doing business in Louisiana as Delta Women's Clinic (hereinafter Delta Women's Clinic). Plaintiff Delta Women's Clinic provides facilities and support staff for the performance of services to women in the area of family planning, counseling, pregnancy tests, abortions, sterilizations, birth control, and other gynecological services. Plaintiff Delta Women's Clinic raises its own claims and the claims of its women patients, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Orleans Women's Clinic is a corporation doing business in New Orleans, Louisiana. Orleans Women's Clinic offers facilities and support staff for the performance of services to women in the area of family planning, pregnancy tests, abortions, sterilizations, birth control, and other gynecological services. Plaintiff Orleans Women's Clinic raises its own claims and the claims of its women patients, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Causeway Medical Suite is a corporation doing business in New Orleans, Louisiana. Causeway Medical Suite offers facilities and support staff for the performance of services to women in the area of family planning, pregnancy tests, first trimester abortions, birth control, and related gynecological services. Plaintiff Causeway Medical Suite raises its own claims and the claims of its women patients, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Metairie Women's Medical Center is a corporation doing business in Metairie, Louisiana. Metairie Women's Medical Center offers facilities and support staff for the performance of services to women in the area of family planning, pregnancy tests, abortions, sterilization, birth control and gynecological services. Plaintiff Metairie Women's Medical Clinic raises its own claims and the claims of its women patients, among whom are minors who are not emancipated judicially or by marriage.

Plaintiff Bossier City Medical Suite is a corporation doing business in Bossier City, Louisiana. Bossier City Medical Suite offers facilities and support staff for the performance of services to women in the area of family planning, pregnancy tests, abortions, birth control and other gynecological services. Plaintiff Bossier City Medical Suite raises its own claims and the claims of its women patients, among whom are minors who are not emancipated judicially or by marriage.

Defendant David C. Treen, a resident of Louisiana and citizen of the United States, is Governor of the State of Louisiana. He is the successor in office to Edwin W. Edwards, named as defendant in the original complaint. As Governor he is responsible for the execution of the laws of the State including the challenged sections.

Defendant William J. Guste, Jr., a resident of Louisiana and citizen of the United States, is Attorney General of the State of Louisiana. As such, he is responsible for the enforcement of laws of the State, including the challenged sections.

Defendant George A. Fischer, a resident of Louisiana and citizen of the United States, is Secretary of Louisiana's Health and Human Resources Administration (hereinafter HHRA) and successor in office to William A. Cherry, M.D., who was named as defendant in the original complaint. As Secretary of HHRA, he is responsible for the administration, control, and operations of the functions, programs, and affairs of HHRA and the policies with respect hereto, including the challenged sections.

Margaret S. and Linda S. bring this action pursuant to Fed.R.Civ.P. 23 on behalf of all women similarly situated. Dr. Roy Wood, Dr. Calvin Jackson and Dr. Duncan McKellar also bring this action pursuant to Rule 23, on behalf of all physicians similarly situated. Margaret S. and Linda S. bring this action on behalf of all women and minors who are now or may become pregnant and who desire or may desire an abortion to be performed in Louisiana by the physician of their choice. Dr. Roy Wood, Dr. Calvin Jackson, and Dr. Duncan McKellar bring this action on behalf of all present and future physicians who desire to give full, safe, and adequate medical advice and...

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