Filed Date: June 15, 2016
Closed Date: Nov. 1, 2021
Clearinghouse coding complete
On June 15, 2016, Planned Parenthood Southeast, Inc. (PPSE), Planned Parenthood Greater Memphis Region, Inc. (PPGMR), and a Mississippi Medicaid patient filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. The plaintiffs sued the Mississippi Division of Medicaid under 42 U.S.C. § 1983, alleging violations of the Medicaid Statute and the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. The plaintiffs, represented by the Planned Parenthood Federation of America, asked the court for declaratory and injunctive relief to enjoin the defendant from disqualifying the provider plaintiffs from the Medicaid programs. On July 6, 2016, the plaintiffs filed a final amended complaint. The amended complaint added Jane Doe #2 as a fourth plaintiff. Both Jane Doe #1 and Jane Doe #2 were Mississippi residents and Medicaid patients who received reproductive care from Planned Parenthood.
The plaintiffs claimed that on May 10, 2016, Mississippi's Governor signed into law an act that would disqualify any entity that performs abortions from participation in Medicaid programs. The plaintiffs claimed that the act would irreparably harm Mississippi men and women, such as the two Jane Does, who rely on Planned Parenthood for critical health services. They argued that the act violated the Medicaid Free Choice Act (42 U.S.C. § 1396a(a)(23)), which guarantees patients the right to choose any willing and qualified provider within the Medicaid Program. They further argued that it violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment by singling out Planned Parenthood for unfavorable treatment and imposing unconstitutional conditions on Planned Parenthood's eligibility to participate in the Medicaid Program.
On October 20, 2016, Judge Daniel P. Jordan III granted the plaintiffs' motion for summary judgment. The court found that virtually every court that had ruled on similar laws had found the laws in violation of 42 U.S.C. § 1396a(a)(23). Specifically, Judge Jordan noted that the Fifth Circuit had reached a similar result in Planned Parenthood of Gulf Coast, Inc. v. Gee. He therefore issued a permanent injunction to enjoin the defendant from enforcing the law in question. 2016 WL 6127980.
On November 18, 2016, the defendant appealed the ruling to the Fifth Circuit because the defendant in Planned Parenthood of Gulf Coast, Inc. v. Gee had petitioned for a rehearing and later asked the U.S. Supreme Court to intervene. This case was stayed pending the resolution of Planned Parenthood Gulf Coast, Inc. v. Gee. Briefing resumed in the Fifth Circuit on January 11, 2019.
Shortly after, on February 15, 2019, the parties filed a joint motion to stay the case again, this time pending the result of Planned Parenthood of Greater Texas v. Phillips. The stay was approved on February 20. Briefing ultimately resumed on April 27, 2021.
On October 1, 2021, plaintiffs filed a motion to dismiss the appeal as moot and to remand case to the district court with instructions to vacate the summary judgment order and permanent injunction. On October 8, the Fifth Circuit granted the motion. The case is now closed.
Summary Authors
Gabriela Hybel (3/3/2017)
Lisa Limb (3/23/2018)
Alex Moody (4/15/2020)
Michelle Wolk (4/4/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13381933/parties/planned-parenthood-southeast-inc-v-dzielak/
Ball, F. Keith (Mississippi)
Byrd, Sibyl C. (Mississippi)
Cohen, Melissa A. (New York)
Flaxman, Carrie Y. (District of Columbia)
Gov, Wilson D. (Mississippi)
See docket on RECAP: https://www.courtlistener.com/docket/13381933/planned-parenthood-southeast-inc-v-dzielak/
Last updated March 31, 2026, 5:12 a.m.
State / Territory:
Case Type(s):
Public Benefits/Government Services
Healthcare Access and Reproductive Issues
Special Collection(s):
Planned Parenthood Medicaid Litigation
Key Dates
Filing Date: June 15, 2016
Closing Date: Nov. 1, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Two Mississippi Planned Parenthoods; Two Mississippi Medicaid patients
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Mississippi Division of Medicaid
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)
Constitutional Clause(s):
Other Dockets:
Southern District of Mississippi 3:16-cv-00454
U.S. Court of Appeals for the Fifth Circuit 16-60773
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Defendant
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2016 - 2021
Issues
General/Misc.:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Benefits (Source):
Discrimination Basis:
Affected Sex/Gender(s):
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
Case Summary of Planned Parenthood Southeast v. Dzielak, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15658/ (last updated 4/4/2024).