Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 1

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Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 2 of 60. DALTON M D E DANIEL,DeLOACH M D CHARMAINE,FAUCHER PA C MICHAEL. FOWLER Sr C F S P ALEXANDER,S GROSS M D THOMAS HARDIN. Jr M D ROB LAW C F A,MATTHEW W NORMAN M D,DAVID W RETTERBUSH M D. ANDREW REISMAN M D JOE,SAM ROBINSON M D BARBY J,SIMMONS D O and RICHARD L. WEIL M D Members of the Georgia,Composite Medical Board in their.
official capacities LaSHARN,HUGHES M B A Executive Director. of Georgia Composite Medical Board,in her official capacity PAUL L. HOWARD JR District Attorney for,Fulton County in his official capacity. SHERRY BOSTON District Attorney,for DeKalb County in her official. capacity JULIA SLATER District,Attorney for the Chattahoochee Judicial.
Circuit in her official capacity JOHN,MELVIN Acting District Attorney for. the Cobb Judicial Circuit in his official,capacity DANNY PORTER District. Attorney for the Gwinnett Judicial,Circuit in his official capacity and. MEG HEAP District Attorney for the,Eastern Judicial Circuit in her official. Defendants, Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 3 of 60.
VERIFIED COMPLAINT FOR,DECLARATORY AND INJUNCTIVE RELIEF. Plaintiffs by and through their attorneys bring this Complaint against the. above named Defendants their employees agents and successors in office and in. support thereof state the following,INTRODUCTION, 1 This is a constitutional challenge to House Bill 481 H B 481. attached as Exhibit A which bans practically all abortions This law is an affront to. the dignity and health of Georgians It is in particular an attack on low income. Georgians Georgians of color and rural Georgians who are least able to access. medical care and least able to overcome the cruelties of this law Georgians face a. critical shortage of reproductive health care providers including obstetrician. gynecologists and the rate at which Georgians particularly Black Georgians die. from pregnancy related causes is among the highest in the nation. 2 Rather than working to end those preventable deaths and rather than. honoring Georgians reproductive health care decisions the Legislature has instead. chosen to criminalize abortion from the earliest stages of pregnancy H B 481. criminalizes pre viability abortions in direct conflict with Roe v Wade 410 U S. Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 4 of 60. 113 1973 and nearly a half century of Supreme Court precedent reaffirming. Roe s central holding Specifically it criminalizes abortion after embryonic cardiac. activity is detectable which generally occurs around six weeks in pregnancy when. many people are unaware they are pregnant The law undermines a woman s. ability to participate equally in the economic and social life of the Nation. which has been facilitated by their ability to control their reproductive lives. Planned Parenthood v Casey 505 U S 833 856 1992, 3 In addition this law threatens a vast array of medical care critical for. the health of Georgia s women1 of reproductive age Its vague language threatens. clinicians with prosecution for any medical care they provide to pregnant patients. that could harm an embryo fetus 2 The threat of criminal liability is likely to have a. chilling effect on health care providers across Georgia shaping provider and. patient decisions about a wide range of health conditions and restricting treatment. options for people who are pregnant or perceived to be capable of pregnancy. Plaintiffs use woman or women as a short hand for people who are or. may become pregnant but people of all gender identities including transgender. men and gender diverse individuals may also become pregnant and seek abortion. services and would thus also suffer irreparable harm under H B 481. The embryonic stage of pregnancy lasts until approximately ten weeks. measured from the first day of a woman s last menstrual period lmp when the. fetal stage begins, Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 5 of 60. 4 The Georgia Legislature passed H B 481 on March 29 2019 and the. Governor signed the bill into law on May 7 2019 The effective date is January 1. 2020 H B 481 15 155th Gen Assemb Reg Sess Ga 2019, 5 Unless this Court grants an injunction in advance of the effective date.
Plaintiff clinics and physicians will be forced to turn away pregnant patients. seeking critical medical care Patients seeking banned care will be forced to travel. out of state if they are able those who are unable to obtain care out of state will be. forced to remain pregnant and give birth against their will increasing the risk that. they will experience death or serious injury or they may be forced to seek care. outside the regulated clinical setting, 6 Absent an injunction H B 481 will prevent Georgians from. exercising their fundamental constitutional right to decide whether to have an. abortion prior to viability and will threaten other critical medical care for pregnant. women causing irreparable harm,JURISDICTION AND VENUE. 7 This Court has jurisdiction over this action under 28 U S C 1331. and 1343 This is a civil and constitutional rights action arising under 42 U S C. 1983 and the United States Constitution, Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 6 of 60. 8 Plaintiffs claims for declaratory and injunctive relief are authorized. by 28 U S C 2201 and 2202 Rules 57 and 65 of the Federal Rules of Civil. Procedure and the general legal and equitable powers of this Court. 9 Venue is appropriate under 28 U S C 1391 b because a substantial. part of the events or omissions giving rise to Plaintiffs claims occur in this judicial. district and division,PLAINTIFFS, 10 Plaintiff SisterSong Women of Color Reproductive Justice Collective. SisterSong is a non profit organization based in Georgia that was formed in. 1997 by 16 organizations led by and representing Indigenous Black Latinx and. Asian American women and trans people who recognized their right and. responsibility to represent themselves in advancing their needs By asserting the. human right to reproductive justice SisterSong works to build an effective network. of individuals and organizations addressing institutional policies systems and. cultural practices that limit the reproductive lives of marginalized people A. membership organization SisterSong organizes with a large base whose members. include Georgians who can become pregnant and need the freedom to make their. own health care decisions including the decision to end a pregnancy. Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 7 of 60. 11 H B 481 s draconian prohibitions would force SisterSong to divert its. scarce time and resources away from many other aspects of this work to focus on. helping Georgians access abortion care out of state and otherwise adjust to H B. 481 s sweeping impact SisterSong and its members are directly impacted by H B. 481 s restrictions SisterSong sues on behalf of itself and its members. 12 Plaintiff Feminist Women s Health Center Feminist is a non profit. reproductive health care facility registered in the state of Georgia and located in. Dekalb County Feminist has been providing reproductive health care in the state. since 1976 It currently provides a range of services including abortion up to 21 6. weeks from the first day of a woman s last menstrual period lmp 3. contraception annual gynecological examinations miscarriage management. sexually transmitted infection STI testing and treatment and transgender health. care such as hormone replacement therapy Feminist also engages in community. education grassroots organizing public affairs and advocacy programs to advance. reproductive health rights and justice for all Georgians Feminist sues on behalf of. itself its physicians and other staff and its patients. Physicians often date pregnancy with the weeks before the decimal and the. days after 21 6 weeks lmp means 21 weeks and six days lmp. Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 8 of 60. 13 Plaintiff Planned Parenthood Southeast Inc PPSE is a not for. profit corporation registered in the state of Georgia PPSE operates four health. centers in Georgia located in DeKalb Gwinnett Cobb and Chatham counties and. an additional three health centers in Alabama and Mississippi PPSE provides. comprehensive reproductive health care including family planning services. testing and treatment for sexually transmitted infections cancer screening and. treatment pregnancy testing and all options counseling At its four Georgia health. centers PPSE also provides medication abortion up to 10 weeks lmp PPSE and its. corporate predecessors have provided care in Georgia for over 50 years Plaintiff. PPSE sues on behalf of itself its physicians and other staff and its patients. 14 Plaintiff Atlanta Comprehensive Wellness Clinic ACWC is a. private medical practice registered in the state of Georgia and located in Fulton. County ACWC has been providing reproductive health services including. abortion care up to 13 6 weeks lmp since 2017 ACWC sues on behalf of itself its. physicians and other staff and its patients, 15 Plaintiff Atlanta Women s Medical Center AWMC is a private.
company registered in the state of Georgia and located in Fulton County AWMC. has been providing reproductive health services including abortion care up to 21 6. Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 9 of 60. weeks lmp since 1977 AWMC sues on behalf of itself its physicians its staff. and its patients, 16 Plaintiff FemHealth USA d b a carafem is a nonprofit organization. registered in the state of Georgia and located in Fulton County Carafem has been. providing reproductive health services including abortion care up to 12 6 weeks. lmp since 2016 Carafem brings this action on behalf of itself its physicians staff. and its patients, 17 Plaintiff Columbus Women s Health Organization P C CWHO is. a private medical office registered in the state of Georgia and located in Muscogee. County CWHO has been providing reproductive health services including. abortion care up to 13 6 weeks lmp since 2010 CWHO brings this action on. behalf of itself its physicians and other staff and its patients. 18 Plaintiff Summit Medical Associates P C Summit is a. professional corporation registered in the state of Georgia and located in Fulton. County Summit has been providing reproductive health services including. abortion care up to 21 6 weeks lmp since 1976 Summit brings this action on. behalf of itself its physicians and other staff and its patients. 19 Plaintiff Carrie Cwiak M D M P H is a board certified obstetrician. and gynecologist licensed to practice in Georgia She is Professor of Gynecology. Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 10 of 60. and Obstetrics and Family Planning at Emory University School of Medicine In. addition to teaching residents her medical practice includes providing her patients. with labor and delivery care and comprehensive obstetrical and gynecological care. including abortions at Emory University Hospital Midtown in Fulton County. where she is Chief of Service of Obstetrics and Gynecology and Fulton DeKalb. Hospital d b a Grady Memorial Hospital in Fulton County Dr Cwiak sues as an. individual on behalf of herself and her patients and does not sue in her capacity as. an employee or representative of Emory or any other organization. 20 Plaintiff Lisa Haddad M D M S M P H is a board certified. obstetrician and gynecologist licensed to practice in Georgia She is Associate. Professor of Gynecology and Obstetrics at Emory University School of Medicine. In addition to teaching residents her medical practice includes providing her. patients with labor and delivery care and comprehensive obstetrical and. gynecological care including abortions at Emory University Hospital Midtown in. Fulton County and Fulton DeKalb Hospital d b a Grady Memorial Hospital in. Fulton County Dr Haddad sues as an individual on behalf of herself and her. patients and does not sue in her capacity as an employee or representative of. Emory or any other organization, Case 1 19 mi 99999 UNA Document 2130 Filed 06 28 19 Page 11 of 60. 21 Plaintiff Eva Lathrop M D M P H is a board certified obstetrician. and gynecologist licensed to practice in Georgia She is Associate Professor and. as of September 1 2019 will become Adjunct Professor of Gynecology and. Obstetrics and Family Planning at Emory University School of Medicine In. addition to teaching residents she provides her patients with labor and delivery. care and comprehensive obstetrical and gynecological care including abortions at. Fulton DeKalb Hospital d b a Grady Memorial Hospital in Fulton County Dr. Lathrop sues as an individual on behalf of herself and her patients and does not. sue in her capacity as an employee or representative of Emory or any other. organization,DEFENDANTS, 22 Defendant Brian Kemp is the Governor of the State of Georgia He. has the power to direct the Attorney General to prosecute crimes including alleged. criminal violations of H B 481 See Ga Const art V III IV O C G A 45. 15 35 O C G A 45 15 3 3 Defendant Kemp is sued in his official capacity. 23 Defendant Christopher M Carr is the Attorney General of the State of. Georgia He has the power to prosecute crimes including alleged criminal. 16 Plaintiff FemHealth USA d b a carafem is a nonprofit organization registered in the state of Georgia and located in Fulton County Carafem has been providing reproductive health services including abortion care up to 12 6 weeks lmp since 2016 Carafem brings this action on behalf of itself its physicians staff and its patients 17

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