Case: Stenberg v. Carhart

4:97-cv-03205 | U.S. District Court for the District of Nebraska

Filed Date: June 12, 1997

Clearinghouse coding complete

Case Summary

This is a case challenging an abortion restriction in the state of Nebraska. On June 12, 1997, a doctor who performed abortions filed this lawsuit in the U.S. District Court for the District of Nebraska. The plaintiff sued the Attorney General of the state of Nebraska, the Director of the Nebraska Department of Health and Human Services Regulation and Licensure, the County Attorney for Sarpy County, Nebraska, and the Chief Medical Officer for Nebraska. Represented by The Center for Reproductive…

This is a case challenging an abortion restriction in the state of Nebraska. On June 12, 1997, a doctor who performed abortions filed this lawsuit in the U.S. District Court for the District of Nebraska. The plaintiff sued the Attorney General of the state of Nebraska, the Director of the Nebraska Department of Health and Human Services Regulation and Licensure, the County Attorney for Sarpy County, Nebraska, and the Chief Medical Officer for Nebraska. Represented by The Center for Reproductive Law & Policy, plaintiff sought permanent injunctive relief against enforcement of Nebraska's “partial-birth” abortion law. The "partial-birth" abortion law prohibited the abortion provider from partially delivering vaginally a living unborn child before killing the unborn child and completing the delivery. Plaintiff alleged (1) the law imposed an undue burden on him and his patients by prohibiting him from performing the safest abortion procedure in certain circumstances; (2) the law imposed an undue burden on plaintiff and his patients, because the language of the law is incompatible with the most widely used procedure; and (3) the law is impermissibly vague, because it does not define key terms.

On August 14, 1997, Judge Richard G. Kopf granted a preliminary injunction The court concluded that Nebraska's ban on the “partial-birth” abortion procedure had the effect of subjecting Carhart's patients to an appreciably greater risk of injury or death than would be the case if women could rely on him to perform his variant of the banned procedure on nonviable fetuses when medically advisable. Such a ban, therefore, constituted an “undue burden” on women seeking abortions, and violated the Due Process Clause of the Fourteenth Amendment. Carhart v. Stenberg, 972 F. Supp. 507, 509 (D. Neb. 1997).

Almost a year later, on July 2, 1998, Judge Kopf concluded that the State of Nebraska imposed an undue burden on plaintiff and his patients by adopting and threatening to enforce a vague “partial-birth” abortion law. Thus, the court declared the law unconstitutional as applied to plaintiff and his patients, and a permanent injunction was granted against enforcement of Nebraska's law against plaintiff and his patients (and those who are similarly situated). Judge Kopf did not address plaintiff's question of whether the law was facially invalid. Carhart v. Stenberg, 11 F. Supp. 2d 1099 (D. Neb. 1998). On August 10, 1998, the district court held that the plaintiff shall recover from the defendants, jointly and severally, an attorney fee award (including expenses) of $46,855.29. Carhart v. Stenberg, 11 F. Supp. 2d 1134, 1138 (D. Neb. 1998)

On September 24, 1999, the United States Court of Appeals for the Eighth Circuit affirmed the district court's conclusion that the law was unconstitutional and the decision pertaining to attorney's fees. Carhart v. Stenberg, 192 F.3d 1142 (8th Cir. 1999).

On January 14, 2000, the Supreme Court granted certiorari. On June 28, 2000, in a 5-4 decision, the Supreme Court held that Nebraska's law was unconstitutional because (1) it lacked any exception for preservation of health of the mother, and (2) it applied to dilation and evacuation (D&E) procedure as well as to dilation and extraction (D&X) procedure, and thus imposed undue burden on woman's ability to choose D&E abortion, thereby unduly burdening the right to choose abortion itself. Stenberg v. Carhart, 530 U.S. 914 (2000). The case is now closed.

Summary Authors

Michelle Wolk (3/24/2022)

Documents in the Clearinghouse

Document

4:97-cv-03205

Order Granting Preliminary Injunction

Aug. 14, 1997

Aug. 14, 1997

Order/Opinion

4:97-cv-03205

Order Granting Permanent Injunction

July 2, 1998

July 2, 1998

Order/Opinion

4:97-cv-03205

Memorandum and Order

Aug. 10, 1998

Aug. 10, 1998

Order/Opinion

98–3300NE

[Untitled]

U. S. Court of Appeals for the Eighth Circuit

Sept. 24, 1999

Sept. 24, 1999

Order/Opinion

99-830

BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING RESPONDENT

Supreme Court of the United States

March 29, 2000

March 29, 2000

Pleading / Motion / Brief

99-830

[Untitled]

Supreme Court of the United States

June 28, 2000

June 28, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10635526/carhart-v-stenberg/

Last updated Sept. 7, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with request for trial at Lincoln with request for TRO and preliminary injunction with attachments: Summonses issued (3) to plf's counsel with Receipt Number 21320 in the amount of $ 150.00 (CCB) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

PACER
2

MOTION by plaintiff Leroy H. Carhart for temporary restraining order and for oral argument (CCB) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

PACER
3

INDEX by plaintiff Leroy H. Carhart re: motion for temporary restraining order and preliminary injunction [2-1] with declaration of Leroy Carhart and attachment (CCB) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

PACER
4

INDEX by defendant Donald Stenberg in opposition re: plf's motion for temporary restraining order [2-1] including afdt of L. STeven Grasz (ATTACHMENTS SEPARATE IN FILE) (CCB) (Entered: 06/16/1997)

June 16, 1997

June 16, 1997

PACER
5

MINUTES: before Judge Richard G. Kopf re [2-1], granting motion for oral argument [2-2] ; Prel/Perm hearing set 6/26/97 at 1:30 p.m. (CCB) (Entered: 06/17/1997)

June 16, 1997

June 16, 1997

PACER
6

EXHIBIT LIST by plf and dfts (CCB) (Entered: 06/17/1997)

June 16, 1997

June 16, 1997

PACER
7

MEMORANDUM AND ORDER: by Judge Richard G. Kopf granting motion for temporary restraining order against plf Dr. Carhart only [2-1] ; Preliminary injunction hearing is set for 6/26/97 at 1:30 p.m - COPIES MAILED (CCB) (Entered: 06/17/1997)

June 17, 1997

June 17, 1997

PACER
8

ORDER by Judge Richard G. Kopf Preliminary injunction hearing is resched to 7/17-18/97 at 9:00 a.m., and if necessary, 7/21/97; TRO shall remain in effect until further order - COPIES MAILED (CCB) (Entered: 06/23/1997)

June 23, 1997

June 23, 1997

PACER
9

ANSWER by defendant Donald Stenberg (CCB) (Entered: 07/01/1997)

July 1, 1997

July 1, 1997

PACER
10

SCHEDULING PACKET by Magistrate Judge David L. Piester . - COPIES MAILED w/consent. (CCB) (Entered: 07/02/1997)

July 2, 1997

July 2, 1997

PACER
11

ANSWER by defendant Mike Munch (CCB) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

PACER
12

ATTORNEY APPEARANCE for defendant Mike Munch ; atty Tamra Walz, Deputy Sarpy County Attorney (CCB) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

PACER
13

STIPULATION for preliminary injunction hearing (signatures by fax; original signatures to come at time of hearing on 7/17/97) [7-2] (CCB) (Entered: 07/15/1997)

July 15, 1997

July 15, 1997

PACER
14

STIPULATION (original signatures) for preliminary injunction hearing with exhibit list attached (CCB) (Entered: 07/18/1997)

July 17, 1997

July 17, 1997

PACER
15

MINUTES: before Judge Richard G. Kopf on plf's motion for preliminary injunction; hearing not concluded and contd to 7/18/97 at 9:00 a.m. (CCB) (Entered: 07/18/1997)

July 17, 1997

July 17, 1997

PACER
16

MINUTES: before Judge Richard G. Kopf re [1-1] motion for preliminary injunction; brief time set. (CCB) (Entered: 07/21/1997)

July 18, 1997

July 18, 1997

PACER
17

WITNESS LIST by plf and dfts (CCB) (Entered: 07/21/1997)

July 18, 1997

July 18, 1997

PACER
18

EXHIBIT LIST by plf and dfts (CCB) (Entered: 07/21/1997)

July 18, 1997

July 18, 1997

PACER
19

MEMORANDUM AND ORDER: by Judge Richard G. Kopf re [1-1] req for a prelininary injunction is granted as provided herein; dfts are permanently enjoined from enforcing LB 23 against plf regarding his performance of D&X abortions on nonviable fetuses; court determines that a bond in amount of $105 is sufficient and directs plf to post such a bond - COPIES MAILED and FAX COPIES to counsel, copy delivered to attorney general (CCB) (Entered: 08/14/1997)

Aug. 14, 1997

Aug. 14, 1997

PACER
20

NOTICE by clerk of release of U.S. District Court opinion (CCB) (Entered: 08/14/1997)

Aug. 14, 1997

Aug. 14, 1997

PACER
21

MEMORANDUM AND ORDER: by Judge Richard G. Kopf giving parties 30 days to advise court re using a court-appointed expert in this matter - COPIES MAILED (CCB) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

PACER
22

RECEIPT #21607 in the amount of $105.00 for bond paid by plf (CCB) (Entered: 09/15/1997)

Sept. 11, 1997

Sept. 11, 1997

PACER
23

MOTION by defendant Donald Stenberg, defendant Deb Thomas to extend time to 10/10/97 to advise court concerning court-appointed experts (CCB) (Entered: 09/19/1997)

Sept. 18, 1997

Sept. 18, 1997

PACER
24

ORDER by Judge Richard G. Kopf granting dfts Stenberg and Thomas's motion to extend time to 10/10/97 to advise court concerning court-appointed experts [23-1] - COPIES MAILED (CCB) (Entered: 09/19/1997)

Sept. 19, 1997

Sept. 19, 1997

PACER
25

RESPONSE by defendant Donald Stenberg, defendant Deb Thomas to order re court-appointed expert (CCB) (Entered: 10/10/1997)

Oct. 10, 1997

Oct. 10, 1997

PACER
26

RESPONSE by defendant Mike Munch to order regarding court-appointed expert and joins in resp entered by dfts Stenberg and Thomas dated 10/10/97 (CCB) (Entered: 10/22/1997)

Oct. 21, 1997

Oct. 21, 1997

PACER
27

MEMORANDUM AND ORDER: by Judge Richard G. Kopf re [24-1], re [25-1], re [26-1] that Court will refrain from appointing an expert at this time - COPIES MAILED (CCB) (Entered: 10/23/1997)

Oct. 23, 1997

Oct. 23, 1997

PACER
28

ORDER by Magistrate Judge David L. Piester that parties shall report to the court in accordance with Rule 26(f) w/in 10 days or show cause why sanctions should not be imposed upon them - COPIES MAILED (CCB) (Entered: 10/28/1997)

Oct. 28, 1997

Oct. 28, 1997

PACER
29

PROGRESSION ORDER by Magistrate Judge David L. Piester ; discovery set for 2/3/98; pretrial conf set for 10:00 2/17/98 before Magistrate Judge David L. Piester; non-jury trial set for 3/98 and show cause order entered on 10/28/97 is withdrawn - COPIES MAILED (CCB) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

PACER
30

RULE 26(f) PLANNING REPORT (CCB) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

PACER
31

NOTICE by defendant Mike Munch of use of non-expert witnesses (CCB) (Entered: 01/08/1998)

Jan. 7, 1998

Jan. 7, 1998

PACER
32

NOTICE by defendant Mike Munch of use of expert witnesses (CCB) (Entered: 01/08/1998)

Jan. 7, 1998

Jan. 7, 1998

PACER
33

ORDER by Magistrate Judge David L. Piester setting Trial 3/23/98 for 3 trial days, as backup to any CR or CV cases set for that week - COPIES MAILED (ICMSUSER) (Entered: 01/20/1998)

Jan. 20, 1998

Jan. 20, 1998

PACER
34

MOTION by defendant Donald Stenberg, defendant Deb Thomas to continue/reschedule trial (JLS) (Entered: 02/12/1998)

Feb. 11, 1998

Feb. 11, 1998

PACER
35

ORDER by Magistrate Judge David L. Piester sustaining dfts' motion to continue/reschedule trial [34-1]; trial on this matter is rescheduled to commence on 3/24/98; subject to the prior disposition or continuance of any criminal matters, or civil jury cases, which may be set for that week; Trial is rescheduled to commence 3/24/98 - COPIES MAILED (JLS) (Entered: 02/18/1998)

Feb. 17, 1998

Feb. 17, 1998

PACER
36

PRE-TRIAL ORDER by Magistrate Judge David L. Piester : PTC held ; trial set for 9:00 3/24/98 estimated length of trial 2 days - COPIES MAILED (JLS) (Entered: 02/18/1998)

Feb. 17, 1998

Feb. 17, 1998

PACER
37

STATEMENT of issues by plaintiff Leroy H. Carhart regarding scope of statute (JLS) (Entered: 03/04/1998)

March 3, 1998

March 3, 1998

PACER
38

MOTION by plaintiff Leroy H. Carhart for leave to file late proposed findings of fact and conclusions of law (ICMSUSER) Modified on 03/23/1998 (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

PACER
39

ORDER by Judge Richard G. Kopf granting Plf's motion for leave to file late proposed findings of fact and conclusions of law one day prior to trial [38-1] - COPIES MAILED (ICMSUSER) (Entered: 03/23/1998)

March 23, 1998

March 23, 1998

PACER
40

MINUTES: of Civil Non-Jury Trial before Judge Richard G. Kopf - Court Reporter: David C. Francis court trial began ; opening statements, evidence by plf, evidence by dft, plf rests, dft rests, trial ended court trial ended ; briefing schedule set - first briefs due 4/24/98; simultaneous reply briefs due 4/28/98, thereafter deemed submitted - case management ddl set for 4/28/98 (ICMSUSER) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

PACER
41

WITNESS LIST from non-jury trial held on 3/24/98 (ICMSUSER) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

PACER
42

EXHIBIT LIST from non-jury trial held on 3/24/98 (ICMSUSER) (Entered: 03/25/1998)

March 24, 1998

March 24, 1998

PACER
43

ORDER by Judge Richard G. Kopf following 3/24/98 bench trial; the parties shall submit simultaneous briefs on or before 4/14/98; and the parties shall submit reply briefs on or before 4/28/98 - COPIES MAILED (ICMSUSER) (Entered: 03/25/1998)

March 25, 1998

March 25, 1998

PACER
44

MOTION by plaintiff Leroy H. Carhart to extend time for filing post-trial briefs to 4/16/98 (ICMSUSER) (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

PACER
45

ORDER by Judge Richard G. Kopf granting Plf's motion to extend time for filing post-trial briefs to 4/16/98 [44-1] - COPIES MAILED (ICMSUSER) (Entered: 04/15/1998)

April 15, 1998

April 15, 1998

PACER
46

MEMORANDUM AND ORDER: by Judge Richard G. Kopf that judgment will be entered by separate document at the appropriate time providing that judgment be entered for the Plf and against the Dfts; LB 23 is declared unconstitutional as provided and that Dfts are permanently enjoined from enforcing LB 23 against the Plf, his patients and others similarly situated; the Dft Stenberg is ordered to serve a copy of the decision and judgment on all county attorneys in the state of NE and they shall be permanently enjoined as well; costs of this action, including reasonable attorney fees as may be awarded are taxed to the Dfts; Judgment will be withheld pending resolution of the Plf's claim for attorney fees; Plf's application for attorney fees shall be submitted by 7/20/98 and the Dfts have until 8/3/98 to respond. The parties are to comply with the Local Rules of Practice, with attachment - COPIES MAILED (ICMSUSER) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

PACER
47

MOTION by plaintiff Leroy H. Carhart for attorney fees and costs (ICMSUSER) (Entered: 07/20/1998)

July 20, 1998

July 20, 1998

PACER
48

MEMORANDUM AND ORDER: by Judge Richard G. Kopf granting in part and denying in part Plf's motion for attorney fees and costs [47-1] [47-2] in accordance with this opinion and that the Plf shall recover from the Dfts, jointly and severally, an attorney fee award (including expenses) of $46,855.29 - COPIES MAILED (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
49

JUDGMENT by Judge Richard G. Kopf entered for the Plf and against the Dfts, jointly and severally; as applied to Dr. Carhart, his patients and others similarly situated, LB 23 is declared unconstitutional; the Dfts are permanently enjoined from enforcing LB 23 against the Plf, his patients and others similarly situated; Dft Stenberg is ordered to serve a copy of the decision and judgment on all county attorneys in the state of Nebraska and when served they shall be permanently enjoined as well; and costs of this action, including attorney fees of $46,855.29 are taxed to the Dfts - COPIES MAILED (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
50

AFFIDAVIT of Simon Heller regarding motion for attorney fees [47-1] with attachments (ICMSUSER) Modified on 08/10/1998 (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
51

AFFIDAVIT of D. Stuart Meiklejohn regarding motion for attorney fees [47-1] (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
52

AFFIDAVIT of David Gans regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
53

AFFIDAVIT of Janet L. Crepps regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
54

AFFIDAVIT of Jerry M. Hug regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
55

AFFIDAVIT of Alan G. Stoler regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

PACER
56

NOTICE OF APPEAL by defendants Donald Stenberg, Gina Dunning and Charles Andrews from District Court decision re: Judgment [49-1] and Memorandum and Opinion [48-1] - COPIES MAILED (ICMSUSER) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

PACER

RECEIPT for Appeal fee from defendant Donald Stenberg in the amount of $ 105.00 ( Receipt # 40456) re: appeal [56-1] (ICMSUSER)

Aug. 12, 1998

Aug. 12, 1998

PACER
57

2 CERTIFIED COPIES of appeal [56-1], judgment [49-1], memorandum and order [48-1] and clerk's docket entries mailed to Clerk, USCA Circuit; docket entries also mailed to attys of record (ICMSUSER) (Entered: 08/12/1998)

Aug. 12, 1998

Aug. 12, 1998

PACER
58

REQUEST FOR TRANSCRIPT by defendant Donald Stenberg, defendant Mike Munch, defendant Charles Andrews, defendant Gina Dunning for date(s) of 7/17-18/97; 3/24/98; copy sent to Court Reporter (ICMSUSER) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

PACER
59

CERTIFICATE OF SERVICE by defendant Donald Stenberg that copies of court's Memorandum and Order of 7/2/98 and Judgment issued 8/10/98 were served upon all 93 Nebraska county attorneys (ICMSUSER) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

PACER
60

TRANSCRIPT of proceedings for the following date(s): 3/24/98 (Re: trial proceedings) re: request for transcript on appeal - number of pages: 105 (ICMSUSER) (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

PACER
61

TRANSCRIPT of proceedings for dates of 7/17/97 - 7/18/97 (Re: Preliminary Injunction) for request for transcript on appeal - number of pages: 384 (VOLUMES I-II) (ICMSUSER) Modified on 08/24/1998 (Entered: 08/24/1998)

Aug. 24, 1998

Aug. 24, 1998

PACER
62

NOTICE OF APPEAL by defendant Mike Munch from District Court decision re: Judgment [49-1], Memorandum and Order [48-1] - COPIES MAILED, RGK (ICMSUSER) (Entered: 09/02/1998)

Sept. 2, 1998

Sept. 2, 1998

PACER

RECEIPT for Appeal fee from defendant Mike Munch in the amount of $ 105.00 ( Receipt # 81615) re: notice of appeal [62-1] (ICMSUSER)

Sept. 2, 1998

Sept. 2, 1998

PACER
63

SCHEDULING ORDER from USCA; Appellate Docket Number 98-3245NEL re: appeal [56-1] - transcript designation set for 10/14/98 (ICMSUSER) (Entered: 09/04/1998)

Sept. 4, 1998

Sept. 4, 1998

PACER
64

2 CERTIFIED COPIES of appeal [62-1], judgment [49-1], memorandum and order [48-1] and clerk's docket entries mailed to Clerk, USCA Circuit; docket entries also mailed to attys of record (ICMSUSER) (Entered: 09/04/1998)

Sept. 4, 1998

Sept. 4, 1998

PACER
65

REQUEST FOR TRANSCRIPT by defendant Mike Munch re: transcript of relevant hearings/trial already ordered by other appellants re: transcripts [61-1] and [60-1]; No additional transcript is necessary (ICMSUSER) (Entered: 09/10/1998)

Sept. 10, 1998

Sept. 10, 1998

PACER
66

SCHEDULING ORDER from USCA; Appellate Docket Number 98-3300 NEL re: appeal [62-1] - transcript designation set for 10/21/98 (ICMSUSER) (Entered: 09/15/1998)

Sept. 15, 1998

Sept. 15, 1998

PACER

TRANSCRIPT SENT to USCA 8th Circuit re: transcript [61-1] (volumes I and II) and transcript [60-1] (ICMSUSER)

Oct. 26, 1998

Oct. 26, 1998

PACER
67

MAIL Returned - transmittal letter of transcripts to USCA [0-0] addressed to Janet Crepps, Esq., The Center for Reproductive Law and Policy (Denver, CO) - not remailed, no forwarding address (ICMSUSER) (Entered: 11/02/1998)

Nov. 2, 1998

Nov. 2, 1998

PACER
68

COPY OF ORDER FROM USCA 8th CIRCUIT that the judgment of district court is affirmed (SED) (Entered: 09/24/1999)

Sept. 24, 1999

Sept. 24, 1999

PACER
69

REQUEST OF EIGHTH CIRCUIT COURT OF APPEALS OPINION, released on 9/24/99 (SED) (Entered: 09/24/1999)

Sept. 24, 1999

Sept. 24, 1999

PACER
70

CERTIFIED COPY OF OPINION OF USCA 8th Circuit re: appeal [62-1], and appeal [56-1] that we affirm the judgment of the district court (SED) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
71

MANDATE/JUDGMENT from USCA 8th Circuit affirming the decision of the District Court [62-1]; affirming the decision of the District Court [56-1] - COPIES MAILED, RGK (SED) (Entered: 11/01/1999)

Oct. 28, 1999

Oct. 28, 1999

PACER
72

COPY OF ORDER FROM USCA 8th CIRCUIT that district court is directed by the 8th Circuit to add this award to the mandate (SED) (Entered: 11/05/1999)

Nov. 5, 1999

Nov. 5, 1999

PACER
73

CERTIFIED COPY of Appellate Court Order: motion of appellees for an award of attorneys' fees and costs is granted; clerk of this court is directed to request that the clerk of the district court add this award to our mandate - COPIES MAILED (SED) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

PACER
74

MAIL Returned [71-1] addressed to plaintiff Leroy H. Carhart, attorney Janet L. Crepps -- NOT REMAILED, NO FORWARDING ADDRESS (SED) (Entered: 11/12/1999)

Nov. 12, 1999

Nov. 12, 1999

PACER
75

MAIL Returned [73-1] addressed to Janet L. Crepps, one of the attys for plaintiff Leroy H. Carhart, no remailed, no forwarding address (PSM) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER

RECORD on appeal returned from U.S. Court of Appeals re: appeal [62-1], re: appeal [56-1] (USDC transcripts T61A, T61B, and T60) (RDB) Modified on 11/30/1999

Nov. 30, 1999

Nov. 30, 1999

PACER
76

Letter (Copy) from 8th Circuit USCA that a petition for writ of certiorari has been filed - US Sup Ct #: 99-830 (SED) (Entered: 01/25/2000)

Jan. 24, 2000

Jan. 24, 2000

PACER

TRANSMITTAL LETTER to US Supreme Court per letter dated 2/25/00 (including transcripts T60, T61A, T61B) - COPIES MAILED (SED)

Feb. 28, 2000

Feb. 28, 2000

PACER
77

CERTIFIED COPY of Appellate Court Order: the motion for attorneys' fees and costs is granted, but not in the full amount requested - COPIES MAILED (SED) (Entered: 09/11/2000)

Sept. 11, 2000

Sept. 11, 2000

PACER
78

RETURNED MAIL [77-1] addressed to Janet L. Crepps, one of plaintiff Leroy H. Carhart's attorneys--NOT REMAILED, ENVELOPE MARKED 'ATTEMPTED, NOT KNOWN' (BMH) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

PACER

RECORD on appeal returned from Supreme Court of the United States of 3 volumes of trial testimony [T60] amd [T61A and T61B) (ICMSUSER)

Sept. 27, 2000

Sept. 27, 2000

PACER
79

MOTION by plaintiff Leroy H. Carhart for order to release $105.00 bond (ADB) (Entered: 11/19/2001)

Nov. 19, 2001

Nov. 19, 2001

PACER
80

MEMORANDUM AND ORDER: by Chief Judge Richard G. Kopf granting plf's motion for order to release $105.00 bond [79-1]; Clerk of the Court shall release to the Center for Reproductive Law & Policy the $105.00 bond posted on 9/11/97, including any accrued interest; copy sent to Barbara on 11/27/01 - COPIES MAILED [EOD Date 11/26/01] (KBJ) Modified on 11/27/2001 (Entered: 11/26/2001)

Nov. 26, 2001

Nov. 26, 2001

PACER
81

MAIL Returned addressed to att Janet Crepps; REMAILED ON 12/7/01 (KBJ) (Entered: 12/07/2001)

Dec. 4, 2001

Dec. 4, 2001

PACER
82

MAIL Returned addressed to atty for plf, Janet Crepps; NO FORWARDING ADDRESS (KBJ) (Entered: 12/26/2001)

Dec. 24, 2001

Dec. 24, 2001

PACER
83

NOTICE by Clerk of intent to destroy exhibits (KMG) (Entered: 03/14/2003)

March 14, 2003

March 14, 2003

PACER
84

Mail Returned as Undeliverable addressed to Janet Crepps regarding Notice of Intent to Destroy Exhibits 83 . NOT REMAILED. ATTEMPTED, NOT KNOWN. (KBJ) (Entered: 03/25/2003)

March 25, 2003

March 25, 2003

PACER
85

RECEIPT of Plaintiff's Exhibits from hearing on Preliminary Injunction and Trial Exhibits signed by Alan Stoler. (KBJ) (Entered: 05/15/2003)

May 14, 2003

May 14, 2003

PACER

Case Details

State / Territory: Nebraska

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: June 12, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A doctor who performs abortions in the state of Nebraska

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nebraska, State

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $46,855.29

Order Duration: 1997 - None

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Method-based abortion procedures

General:

Abortion

Affected Gender:

Female

Medical/Mental Health:

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