Case: Generation to Generation, Inc. v. Florida

37 2022 CA 000980 | Florida state trial court

Filed Date: June 10, 2022

Case Ongoing

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Case Summary

On June 10, 2022, Generation to Generation, a South Florida synagogue, filed this lawsuit in the Second Circuit of the State of Florida in and for Leon County, Florida. Plaintiff sued the state of Florida on state constitutional claims to challenge HB 5, a state law criminalizing the provision of abortion care after fifteen weeks from an individual's last menstrual period. The complaint alleged that this ban on pre-viability abortions violated the Florida Constitution's rights to privacy, relig…

On June 10, 2022, Generation to Generation, a South Florida synagogue, filed this lawsuit in the Second Circuit of the State of Florida in and for Leon County, Florida. Plaintiff sued the state of Florida on state constitutional claims to challenge HB 5, a state law criminalizing the provision of abortion care after fifteen weeks from an individual's last menstrual period. The complaint alleged that this ban on pre-viability abortions violated the Florida Constitution's rights to privacy, religious freedom and separation of church and state, due process and equal protection. The synagogue argued that in Jewish law, "abortion is required if necessary to protect the health, mental or physical well-being of the woman." Plaintiff sought declaratory judgment as well as temporary and permanent injunctive relief.

On June 16, 2022, plaintiff filed an emergency motion for temporary injunctive relief and for declaratory judgment declaring HB 5 invalid, unconstitutional, and unenforceable. That same day, plaintiff also filed an amended complaint, which added Florida's Religious Freedom Restoration Act as a fifth count. Additionally, on that day, plaintiff filed an emergency motion to consolidate this case with Planned Parenthood of Southwest & Central Florida v. Florida, a lawsuit filed by Planned Parenthood on June 1, 2022, challenging HB 5 as a violation of Florida's constitutional right to privacy. 

The next day, Judge Layne Smith denied the motion to consolidate, calling it premature and unfair to the Planned Parenthood parties who already had a hearing scheduled regarding their motion for a temporary injunction. Following the Planned Parenthood hearing, the judge in that case, Judge John Cooper preliminarily enjoined HB 5 on July 5.

On August 9, 2022, the plaintiff in this case again filed a complaint for declaratory relief and for temporary and permanent injunction declaring HB 5 invalid, unconstitutional and unenforceable. The Plaintiffs also filed a series of emergency motions, which the court deemed non-emergency on September 15. 

On October 7, 2022, the plaintiff filed a second amended complaint. The plaintiff then re-filed an emergency motion for declaratory and injunctive relief. On October 10, the Court ruled again that plaintiff's motion was deemed non-emergency and ordered plaintiff's to show cause why the motion should not be stayed pending the outcome of the Planned Parenthood litigation.

On December 12, 2022, the court again denied plaintiff's emergency or expedited treatment, and then further denied plaintiff's motion for reconsideration on January 31, 2023. On March 16, the Judge once again declared the case non-emergency. 

Following a hearing on April 4, 2023 to discuss defendants' motion to dismiss the second amended complaint and plaintiff's motion to compel the taking of deposition of Florida Governor Ron DeSantis, the Court decided on April 11 to grant defendants' motion to dismiss plaintiff's second amended complaint, explaining it was a procedurally defective "shotgun pleading" and dismissed defendants Governor DeSantis and Florida Attorney General Moody with prejudice. The Court also dismissed the second amended complaint without prejudice, and granted plaintiff leave to file a third amended complaint by May 11, 2023. All pending motions were mooted.

As of April 17, 2023, the plaintiff had not filed a third amended complaint, but until the deadline expires, the case is ongoing.

Summary Authors

Michelle Wolk (8/8/2022)

Nina Leeds (4/10/2023)

Related Cases

Planned Parenthood of Southwest & Central Florida v. Florida, Florida state trial court (2022)

People


Judge(s)

Marsh, James (Florida)

Smith, Layne (Florida)

Attorney for Plaintiff

Daniel, Uhlfelder W. (Florida)

Silver, Barry M. (Florida)

Attorney for Defendant

Stafford, William Henry (Florida)

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Documents in the Clearinghouse

Document

37 2022 CA 000980

Docket

Generation to Generation, Inc. v. State of Florida

June 17, 2022

June 17, 2022

Docket
3

37 2022 CA 000980

Complaint for Declaratory Relief and for Temporary and Permanent Injunction Declaring House Bill 5, Invalid Unconstitutional and Unenforceable

Generation to Generation, Inc. v. State of Florida

June 10, 2022

June 10, 2022

Complaint
11

37 2022 CA 000980

Emergency Motion for Temporary Injunctive Relief and for Declaratory Judgment

June 16, 2022

June 16, 2022

Pleading / Motion / Brief
29

37 2022 CA 000980

Order Denying Motion to Consolidate

June 17, 2022

June 17, 2022

Order/Opinion
33

37 2022 CA 000980

Complaint for Declaratory Relief and for Temporary and Permanent Injunction Declaring House Bills 5 Invalid, Unconstitutional and Unenforceable

Silver v. The State of Florida

Aug. 9, 2022

Aug. 9, 2022

Complaint
49

37 2022 CA 000980

Order on Plaintiff's Emergency Motions

Generation to Generation, Inc. v. The State of Florida

Sept. 15, 2022

Sept. 15, 2022

Order/Opinion
52

37 2022 CA 000980

Second Amended Complaint

Oct. 7, 2022

Oct. 7, 2022

Complaint
56

37 2022 CA 000980

Order Deeming Motion Non-Emergency and Order to Show Cause

Generation to Generation, Inc. v. The State of Florida

Oct. 10, 2022

Oct. 10, 2022

Order/Opinion
78

37 2022 CA 000980

Order Denying Emergency or Expedited Treatment

Generation to Generation, Inc. v. The State of Florida

Dec. 12, 2022

Dec. 12, 2022

Order/Opinion
84

37 2022 CA 000980

Emergency Motion for Declaratory and Injunctive Relief Declaring House Bill 5 Unconstitutional Invalid and Unenforceable

Generation to Generation, Inc. v. The State of Florida

March 16, 2023

March 16, 2023

Pleading / Motion / Brief

Docket

Last updated Aug. 30, 2023, 1:48 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: June 10, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A South Florida synagogue

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Religious programs / policies

Discrimination Basis:

Religion discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

Reproductive rights:

Abortion

Criminalization

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

Time-based abortion prohibition

Undue Burden