Case: Little Rock Family Planning Services v. Jegley

4:21-cv-00453 | U.S. District Court for the Eastern District of Arkansas

Filed Date: May 26, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one in a string of challenges to Arkansas’s abortion access restrictions. A few months prior to the filing of this suit, the Eighth Circuit enjoined the state’s pre-viability bans on abortion via Act 493 (criminalizing abortion at 18 weeks) in Little Rock Family Planning Services v. Rutledge.  The present case was filed in response to Act 309 (“Act 309”), signed into law on March 26, 2021, which effectively prohibited abortion in nearly all cases and imposed criminal penalties on d…

This case is one in a string of challenges to Arkansas’s abortion access restrictions. A few months prior to the filing of this suit, the Eighth Circuit enjoined the state’s pre-viability bans on abortion via Act 493 (criminalizing abortion at 18 weeks) in Little Rock Family Planning Services v. Rutledge

The present case was filed in response to Act 309 (“Act 309”), signed into law on March 26, 2021, which effectively prohibited abortion in nearly all cases and imposed criminal penalties on doctors who provided abortion care. In direct violation of the bright-line rule set in Roe v. Wade and affirmed in Planned Parenthood of Southeastern Pennsylvania v. Casey prohibiting states from banning pre-viability abortions, Act 309 was intended to ban all abortions and was set to take effect on July 28, 2021. Act 309 mandated that “[a] person shall not purposely perform or attempt to perform an abortion except to save the life of a pregnant woman in a medical emergency.” Act 309 § 5- 61-404(a). Performing an abortion in violation of the act constituted an unclassified felony punishable by up to ten years in prison or a fine of up to $100,000. Act 309 § 5-61-404(b). It was thus significantly more expansive than the previously-enjoined Act 493.

On May 26, 2021, Little Rock Family Planning Services (LRFPS), Planned Parenthood of Arkansas & Eastern Oklahoma (PPAEO), and a named individual abortion provider filed suit in the U.S. District Court for the Eastern District of Arkansas challenging Act 309. LRFPS and PPAEO were the only remaining abortion clinics in the state. The plaintiffs, represented by the Planned Parenthood Federation (PPF) and the American Civil Liberties Union (ACLU), sued officers and members of the Arkansas State Medical Board, Department of Health, and Board of Health. The case was assigned to U.S. District Judge Kristine Baker.  

The plaintiffs sought injunctive relief preventing the enforcement of Act 309, alleging that prohibiting an individual from deciding whether to bring a pregnancy to term violated patients’ rights to liberty and privacy guaranteed by the Due Process Clause of the Fourteenth Amendment. They also sought declaratory relief.

The plaintiffs moved for a preliminary injunction on June 14, 2021. The district court granted the plaintiffs’ motion for preliminary injunction, blocking the state from enforcing Act 309, on July 20, 2021. The district court concluded that people seeking abortions in Arkansas faced an imminent threat to their constitutional rights and would suffer irreparable harm without injunctive relief. The district court determined that the threat of irreparable harm to plaintiffs and the public interest outweighed the immediate interests of the defendants. 549 F.Supp.3d 922. 

Meanwhile, on June 25, 2021, Concepts of Truth, Inc., a helpline for abortion recovery and prevention, as well as its director, moved to intervene.

On June 24, 2022, the U.S. Supreme Court decided Dobbs v. Jackson Women’s Health Org., overturning Roe v. Wade and eliminating the constitutional right to abortion. As a result, the plaintiffs moved to dismiss the case without prejudice on July 6, 2022.

In light of Dobbs, on July 26, 2022, the Eighth Circuit granted the unopposed motion for summary reversal of the district court’s preliminary injunction, and remanded for further proceedings. That same day, the district court granted the plaintiffs’ motion to dismiss without prejudice, and denied as moot the motion to intervene.

This case is now closed.

Summary Authors

Hannah Juge (2/14/2022)

Saba Khan (5/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59938968/parties/little-rock-family-planning-services-v-jegley/


Attorney for Plaintiff

Amiri, Brigitte (Arkansas)

Burrows, Meagan M. (Arkansas)

Chan, Rebecca (Arkansas)

Godesky, Leah (Arkansas)

Attorney for Defendant

Jackson, Maryna O. (Arkansas)

show all people

Documents in the Clearinghouse

Document
1

4:21-cv-00453

Verified Complaint for Declaratory and Injunctive Relief

May 26, 2021

May 26, 2021

Complaint
23

4:21-cv-00453

Order

June 30, 2021

June 30, 2021

Order/Opinion
28

4:21-cv-00453

Preliminary Injunction

July 20, 2021

July 20, 2021

Order/Opinion

549 F.Supp.3d 549

42

4:21-cv-00453

Judgment

U.S. Court of Appeals for the Eighth Circuit

July 26, 2022

July 26, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59938968/little-rock-family-planning-services-v-jegley/

Last updated April 7, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by Little Rock Family Planning Services, Planned Parenthood of Arkansas & Eastern Oklahoma, Janet Cathey. Summons issued and returned to counsel. (Fee of $402 paid. Receipt Number LIT082258.) (Attachments: # 1 Civil Cover Sheet) (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

Clearinghouse
2

Corporate Disclosure Statement (Rule 7.1) by Planned Parenthood of Arkansas & Eastern Oklahoma. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
3

Corporate Disclosure Statement (Rule 7.1) by Little Rock Family Planning Services. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
4

MOTION for Leave to Appear pro hac vice by Susan Lambiase. Fee of $100; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
5

MOTION for Leave to Appear pro hac vice by Brigitte A. Amiri. Fee of $100; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
6

MOTION for Leave to Appear pro hac vice by Leah Godesky. Fee of $100; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
7

MOTION for Leave to Appear pro hac vice by Kendall Turner. Fee of $100; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
8

MOTION for Leave to Appear pro hac vice by Rebecca A. Chan. Fee of $100 paid; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
9

MOTION for Leave to Appear pro hac vice by Meagan M. Burrows. Fee of $100 paid; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
10

MOTION for Leave to Appear pro hac vice by Maithreyi Ratakonda. Fee of $100 paid; receipt number LIT082260. Filed by All Plaintiffs. (jbh) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
11

ORDER granting 4, 5, 6, 7, 8, 9, 10 motions for admission pro hac vice of attorneys Susan Lambiase, Brigitte A. Amiri, Leah Godesky, Kendall Turner, Rebecca A. Chan, Meagan M. Burrows, and Maithreyi Ratakonda. Signed by Judge Kristine G. Baker on 5/28/2021. (jbh) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
12

MOTION for Preliminary Injunction by All Plaintiffs (Burrows, Meagan) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
13

BRIEF IN SUPPORT re 12 Motion for Preliminary Injunction filed by All Plaintiffs. (Burrows, Meagan) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
14

ANSWER to 1 Complaint, by Robert Breving, Jr, Glen Bryant, Lane Crider, Dwayne Daniels, Brad Erney, Melissa Faulkenberry, Darren Flamik, Edward Gardner, Phillip Gilmore, Rodney Griffin, Betty Guhman, Veryl D Hodges, Anthony N Hui, Brian T Hyatt, Larry Jegley, David Kiessling, Balan Nair, Timothy C Paden, Don R Phillips, Donald Ragland, Carl Riddell, Jose R Romero, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs, Clay Waliski, Susan Weinstein, Terry Yamauchi, James Zini.(Jackson, Maryna) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
15

NOTICE of Appearance by Maryna O. Jackson on behalf of All Defendants (Jackson, Maryna) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
16

ORDER AND NOTICE OF HEARING: Defendants' response to the 12 motion shall be due on or before 5:00 p.m. CDT Monday, 6/28/2021. Plaintiffs' reply shall be due on or before 12:00 noon CDT Tuesday, 7/6/2021, should plaintiffs choose to file a reply. If the parties request a hearing or the Court determines that a hearing on the motion will benefit the Court, the Court will hold a hearing on plaintiffs' 12 motion for temporary restraining order and/or preliminary injunction on Thursday, 7/8/2021, at 9:00 a.m. CDT, at the Richard Sheppard Arnold United States Courthouse, Room No. 4C. Prior to the 7/8/2021, hearing, the Court directs the parties to exchange copies of exhibits they intend to present, or a list of exhibits if copies have already been provided, and written lists of witnesses they will or may call at the hearing by 5:00 p.m. CDT on Tuesday, 7/6/2021. If the parties wish to present rebuttal exhibits or witnesses at the hearing, the parties shall submit such rebuttal exhibits and written lists of such rebuttal witnesses by 12:00 noon CDT on Wednesday, 7/7/2021. If any party objects to the Court's consideration of exhibits already in the record in this matter, such objections must be made in writing and filed by 5:00 p.m. CDT on Tuesday, 7/6/2021, and any responses to such objections must be made in writing and filed by 12:00 noon CDT on Wednesday, 7/7/2021. Signed by Judge Kristine G. Baker on 6/21/2021. (jbh) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
17

MOTION to Intervene by Concepts of Truth Inc, George Conner, III. (jap) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
18

BRIEF IN SUPPORT re 17 Motion to Intervene filed by Concepts of Truth Inc, George Conner, III. (jap) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
19

MOTION for Leave to Appear pro hac vice by Allan E. Parker. Fee $100 receipt number AAREDC-4043354. Filed by Concepts of Truth Inc (Payne, Gregory) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
20

MOTION for Leave to Appear pro hac vice by R. Clayton Trotter. Fee $100 receipt number AAREDC-4043374. Filed by Concepts of Truth Inc (Payne, Gregory) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
21

MOTION for Leave to Appear pro hac vice by Mary J. Browning. Fee $100 receipt number AAREDC-4043377. Filed by Concepts of Truth Inc (Payne, Gregory) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
22

RESPONSE to Motion re 12 MOTION for Preliminary Injunction filed by Larry Jegley. (Jackson, Maryna) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
23

ORDER: The Court having reviewed the record before it and considering the parties' representations regarding the hearing, concludes that a hearing on 12 plaintiff's motion for temporary restraining order and/or preliminary injunction likely will not benefit the Court. Accordingly, the Court removes the hearing on the motion from the calendar for 7/8/2021. Signed by Judge Kristine G. Baker on 6/30/2021. (kdr) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

Clearinghouse
24

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction filed by All Plaintiffs. (Burrows, Meagan) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
25

RESPONSE in Opposition re 17 MOTION to Intervene filed by All Plaintiffs. (Burrows, Meagan) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER
26

REPLY to Response to Motion re 17 MOTION to Intervene filed by Concepts of Truth Inc. (Story, Travis) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
27

NOTICE of Appearance by Travis W. Story on behalf of Concepts of Truth Inc (Story, Travis) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
28

PRELIMINARY INJUNCTION. Signed by Judge Kristine G. Baker on 7/20/2021. (jbh) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

Clearinghouse
29

Unopposed MOTION to Extend Time to File Motion for Attorneys' Fees by All Plaintiffs (Burrows, Meagan) (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

PACER
30

NOTICE of Appearance by Maryna O. Jackson on behalf of All Defendants (Jackson, Maryna) (Entered: 08/03/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
31

NOTICE OF APPEAL as to 28 Preliminary Injunction by Perry Amerine, Elizabeth Anderson, J Loy Bailey, Stephanie Barnes Beerman, Greg Bledsoe, Marsha Boss, Rhys L Branman, Robert Breving, Jr, Glen Bryant, Lane Crider, Dwayne Daniels, Brad Erney, Melissa Faulkenberry, Darren Flamik, Edward Gardner, Phillip Gilmore, Rodney Griffin, Betty Guhman, Veryl D Hodges, Anthony N Hui, Brian T Hyatt, Larry Jegley, David Kiessling, Balan Nair, Timothy C Paden, Don R Phillips, Donald Ragland, Carl Riddell, Jose R Romero, William L Rutledge, John H Scribner, Sylvia D Simon, David L Staggs, Clay Waliski, Susan Weinstein, Terry Yamauchi, James Zini. (Jackson, Maryna) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
32

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 31 Notice of Appeal re 28 Preliminary Injunction. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (ajt) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
33

USCA Docketing Letter and Briefing Schedule as to 31 Notice of Appeal,, filed by Anthony N Hui, Brian T Hyatt, Perry Amerine, Jose R Romero, Melissa Faulkenberry, Betty Guhman, James Zini, David Kiessling, Darren Flamik, Terry Yamauchi, Susan Weinstein, Clay Waliski, J Loy Bailey, David L Staggs, Don R Phillips, Brad Erney, Veryl D Hodges, Robert Breving, Jr, Sylvia D Simon, Balan Nair, Timothy C Paden, Glen Bryant, Carl Riddell, Rodney Griffin, Edward Gardner, Greg Bledsoe, John H Scribner, Stephanie Barnes Beerman, Donald Ragland, Phillip Gilmore, Larry Jegley, William L Rutledge, Elizabeth Anderson, Marsha Boss, Dwayne Daniels, Rhys L Branman, Lane Crider. USCA Case Number 21-2857. (ajt) (Entered: 08/19/2021)

Aug. 19, 2021

Aug. 19, 2021

PACER
34

USCA Appeal Fees received $505.00 Receipt # LIT083417 re 31 Notice of Appeal filed by all Defendants. (fjg) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
34

USCA Appeal Fees received $505.00 Receipt # LIT083417 re 31 Notice of Appeal filed by all Defendants. (fjg) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
35

MOTION to Withdraw as Attorney by Janet Cathey, Planned Parenthood of Arkansas & Eastern Oklahoma (Ratakonda, Maithreyi) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
36

ORDER granting 35 motion to withdraw as counsel; and directing the Clerk of Court to remove Ms. Ratakonda as counsel of record for the plaintiffs. Signed by Judge Kristine G. Baker on 2/22/2022. (jbh) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
37

ORDER extending the deadline to move for attorneys' fees and costs under Federal Rule of Civil Procedure 54 to 45 days after the entry of a final judgment on the merits at the conclusion of this case. Signed by Judge Kristine G. Baker on 3/31/2022. (jbh) (Entered: 04/01/2022)

March 31, 2022

March 31, 2022

PACER
38

ORDER granting 19, 20, 21 motions for admission pro hac vice of attorneys Allan E. Parker, R. Clayton Trotter, and Mary J. Browning. Mr. Parker, Mr. Trotter, and Ms. Browning shall appear as counsel for proposed intervenors Concepts of Truth, Inc., and George Connor, III. Signed by Judge Kristine G. Baker on 3/31/2022. (jbh) (Entered: 04/01/2022)

March 31, 2022

March 31, 2022

PACER
39

Dismiss

July 6, 2022

July 6, 2022

RECAP
40

Brief in Support

July 6, 2022

July 6, 2022

PACER
41

Response to Motion

July 25, 2022

July 25, 2022

PACER
42

USCA Judgment

July 26, 2022

July 26, 2022

RECAP
43

USCA Mandate

July 26, 2022

July 26, 2022

PACER
44

ORDER granting 39 motion to dismiss without prejudice; dismissing Plaintiffs' verified complaint for declaratory and injunctive relief without prejudice and without costs; and denying as moot 17 motion to intervene. Signed by Judge Kristine G. Baker on 7/26/2022. (jbh) (Docket text modified on 7/26/2022 to correct typographical error.)(cmn)

July 26, 2022

July 26, 2022

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: May 26, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff’s Description: Little Rock Family Planning Services (LRFPS) and Planned Parenthood of Arkansas & Eastern Oklahoma (PPAEO) are the last two remaining abortion clinics in the state of Arkansas. LRFPS is a limited liability corporation licensed to do business in Arkansas while PPAEO is a non-profit corporation licensed to business in Arkansas. Named plaintiff is a board-certified obstetrician-gynecologist and individual abortion provider licensed to practice medicine in Arkansas.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pulaski County (Pulaski), County

Arkansas, State

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Facility Type(s):

Non-government non-profit

Non-government for-profit

Case Details

Causes of Action:

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Area:

Medical Exam / Inquiry

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

Criminalization

Reproductive health care (including birth control, abortion, and others)