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Case: Arizona Coalition Against Domestic Violence v. Greene

2:11-cv-01626 | U.S. District Court for the District of Arizona

Filed Date: Aug. 18, 2011

Closed Date: Feb. 27, 2012

Clearinghouse coding complete

Case Summary

The plaintiff was a nonprofit organization in Arizona that provided services to victims of domestic violence. It aimed to provide aid to these individuals, community awareness of domestic violence, and the reduction of domestic violence. These services included transitional shelter, childcare, and medical counseling/referrals. Some of this medical counseling and referrals were about abortion care. Many members of the plaintiff organization participated in Arizona's Working Poor Tax Credit Progr…

The plaintiff was a nonprofit organization in Arizona that provided services to victims of domestic violence. It aimed to provide aid to these individuals, community awareness of domestic violence, and the reduction of domestic violence. These services included transitional shelter, childcare, and medical counseling/referrals. Some of this medical counseling and referrals were about abortion care.

Many members of the plaintiff organization participated in Arizona's Working Poor Tax Credit Program. This program allowed individuals to make donations to qualifying organizations and claim a dollar-for-dollar credit to use against their state taxes. Arizona state law outlined what qualifying organizations were. These organizations 1) were of 501(c)(3) status or community action agencies that received community services block grant program funding; and 2) paid at least 50% of their budget on services to Arizona residents that received temporary assistance to needy family benefits, were low income, or were chronically ill or physically disabled children.

HB 2384 amended the Arizona law to exclude any organizations that provided abortion healthcare services, including discussion of or referral to abortion services. This directly impacted the plaintiff's eligibility to participate in Arizona's Working Poor Tax Credit Program.

On August 18, 2011, the plaintiff filed a complaint against the Director of the Arizona Department of Revenue for violating the First and Fourteenth Amendments to the U.S. Constitution. It filed its complaint in the United States District Court for the District of Arizona. The case was heard by Chief Judge Roslyn O. Silver. Represented by the ACLU, the plaintiff wanted declaratory and injunctive relief, as well as attorneys' fees and any other relief applicable. They sued under the Declaratory Judgment Act.

The plaintiff moved for preliminary injunctive relief on October 26, 2011. The court granted this relief on December 23, 2011. On January 30, 2012, the court ordered permanent injunctive relief. On February 27, 2012, the court further ordered the defendant to pay $56,711.15 in attorneys' fees and costs.


This case is closed.

 

Summary Authors

Isabel Hershey (9/28/2022)

Documents in the Clearinghouse

Document
1

2:11-cv-01626

Complaint for Injunctive and Declaratory Relief

Aug. 18, 2011

Aug. 18, 2011

Complaint
27

2:11-cv-01626

Order

Dec. 23, 2011

Dec. 23, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4133438/arizona-coalition-against-domestic-violence-v-greene/

Last updated Sept. 28, 2022, 5:39 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-5708445, filed by Arizona Coalition Against Domestic Violence (submitted by Daniel Pochoda). (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 08/19/2011)

Aug. 18, 2011

Aug. 18, 2011

Clearinghouse
2

SUMMONS Submitted by Arizona Coalition Against Domestic Violence (submitted by Daniel Pochoda). (REK) (Entered: 08/19/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
3

Corporate Disclosure Statement by Arizona Coalition Against Domestic Violence (submitted by Daniel Pochoda). (REK) (Entered: 08/19/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
4

Filing fee paid, receipt number PHX 0970-5708445. This case has been assigned to the Honorable Edward C. Voss. All future pleadings or documents should bear the correct case number: CV 11-01626-PHX-ECV. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form)(REK) (Entered: 08/19/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
5

Summons Issued as to John Greene. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
6

NOTICE re Constitutional Challenge by Arizona Coalition Against Domestic Violence. (Attachments: # 1 Exhibit Complaint)(Pochoda, Daniel) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
7

MOTION for Admission Pro Hac Vice as to attorney Brigitte Amiri on behalf of Arizona Coalition Against Domestic Violence. (BAS) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Alexa Kolbi-Molinas on behalf of Arizona Coalition Against Domestic Violence. (BAS) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
9

ORDER pursuant to General Order 09-08 granting 7 Motion for Admission Pro Hac Vice; granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX112914 as to Brigitte Amiri. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 22, 2011

Aug. 22, 2011

PACER

PRO HAC VICE FEE PAID. $ 50, receipt number PHX112913 as to Alexa Kolbi-Molinas. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Aug. 22, 2011

Aug. 22, 2011

PACER
10

Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 08/31/2011)

Aug. 30, 2011

Aug. 30, 2011

PACER
11

AFFIDAVIT of Service for Summons; Complaint served on John Greene on 08/22/2011, filed by Arizona Coalition Against Domestic Violence. (Pochoda, Daniel) (Entered: 09/06/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER
12

Defendant's ANSWER to 1 Complaint by John Greene.(Tryon, G) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
13

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/15/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
14

Minute Order: Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Chief Judge Roslyn O. Silver. All further pleadings/papers should now list the following COMPLETE case number: CV 11-1626-PHX-ROS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

PACER
15

ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/20/2012 at 11:00 AM before Chief Judge Roslyn O Silver. (See document for full details). Signed by Chief Judge Roslyn O Silver on 10/10/11. (LAD) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
16

NOTICE of Appearance by David Robert Cole on behalf of John Greene (Cole, David) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
17

MOTION for Preliminary Injunction by Arizona Coalition Against Domestic Violence. (Kolbi-Molinas, Alexa) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
18

MEMORANDUM in Support of 17 MOTION for Preliminary Injunction by Plaintiff Arizona Coalition Against Domestic Violence. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Kolbi-Molinas, Alexa) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
19

ORDER that Defendant shall file his response to 17 MOTION for Preliminary Injunction no later than 11/4/11, Plaintiff shall file its reply no later thanNovember 9, 2011. Hearing set as to 17 MOTION for Preliminary Injunction: Motion Hearing set for 11/16/2011 at 02:00 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge Roslyn O Silver. Signed by Chief Judge Roslyn O Silver on 10/27/11. (LSP) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
20

RESPONSE to Motion re 17 MOTION for Preliminary Injunction Defendants Response to Plaintiffs Motion for Preliminary Injunctive Relief filed by John Greene. (Tryon, G) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
21

*MEMORANDUM Memorandum Opposing 17 Plaintiffs Motion for Preliminary Injunctive Relief 20 Response to Motion by Defendant John Greene. (Attachments: # 1 Exhibit A)(Tryon, G) *Modified on 11/7/2011 to add linkage (DMT). (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
22

NOTICE re of Errata by John Greene re 21 Memorandum . (Tryon, G) (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
23

*MEMORANDUM Memorandum Opposing 17 Plaintiffs Motion for Preliminary Injunctive Relief 20 Response to Motion by Defendant John Greene. (Attachments: # 1 Exhibit A)(Tryon, G) *Modified on 11/7/2011 to add linkage to motion (DMT). (Entered: 11/04/2011)

Nov. 4, 2011

Nov. 4, 2011

PACER
24

REPLY to Response to Motion re 17 MOTION for Preliminary Injunction filed by Arizona Coalition Against Domestic Violence. (Kolbi-Molinas, Alexa) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

PACER
25

On the Court's own motion, IT IS ORDERED the TIME ONLY for the hearing on Plaintiff's Motion for Preliminary Injunction [Doc. 17] is RESET from 2:00 PM to 3:00 PM on 11/16/2011 before Chief Judge Roslyn O. Silver. Ordered by Chief Judge Roslyn O. Silver. (ROS)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
26

TEXT ONLY Minute Entry. Proceedings held before Chief Judge Roslyn O Silver: Preliminary Injunction Hearing held on 11/16/2011. Appearances: Alexa Kolbi-Molinas, Brigitte Amiri, and Daniel Pochoda for the Plaintiff; David Cole and Evan Hiller for the Defendant. Argument is presented. IT IS ORDERED taking under advisement Plaintiff's 17 Motion for Preliminary Injunction. (Court Reporter Elaine Cropper.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 11/16/2011)

Nov. 16, 2011

Nov. 16, 2011

PACER
27

ORDER granting 17 Motion for Preliminary Injunction. Defendant is enjoined from enforcing the portions of Arizona House Bill 2384 referenced herein pending a final decision on the merits.No later than January 9, 2012 the parties shall file a joint status regarding how this case will proceed. In particular, the parties should indicate whether discovery is necessary or if the Court should consider a motion for permanent injunction. Signed by Chief Judge Roslyn O Silver on 12/22/11.(DMT) (Entered: 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

Clearinghouse
28

STATUS REPORT Joint Status by John Greene. (Tryon, G) (Entered: 01/09/2012)

Jan. 9, 2012

Jan. 9, 2012

PACER
29

STATUS REPORT by Arizona Coalition Against Domestic Violence, John Greene. (Cole, David) (Entered: 01/10/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
30

ORDER re 29 Status Report: IT IS ORDERED the scheduling conference set for January 20, 2012 is VACATED. IT IS FURTHER ORDERED each party shall file a motion for summary judgment no later than February 3, 2012. Signed by Chief Judge Roslyn O Silver on 1/12/12. (LAD) (Entered: 01/12/2012)

Jan. 12, 2012

Jan. 12, 2012

PACER
31

STIPULATION to Permanent Injunction by Arizona Coalition Against Domestic Violence, John Greene. (Attachments: # 1 Text of Proposed Order)(Kolbi-Molinas, Alexa) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

PACER
32

JUDGMENT approving 31 Stipulation: IT IS FURTHER ORDERED Defendant is permanently enjoined from enforcing the amendments to Arizona Revised Statutes § 43-1088 that were passed in House Bill 2384 in the 2011 Legislative Session. IT IS FURTHER ORDERED the Clerk shall close this case. Plaintiff shall move for attorneys' fees and costs no later than March 2, 2012. Signed by Chief Judge Roslyn O Silver on 1/30/12. (LAD) (Entered: 01/30/2012)

Jan. 30, 2012

Jan. 30, 2012

PACER
33

*STIPULATION re Attorneys' Fees and Costs by Arizona Coalition Against Domestic Violence, John Greene. (Attachments: # 1 Text of Proposed Order Proposed Order re Attorneys' Fees and Costs)(Kolbi-Molinas, Alexa) *Modified to reflect correct filers on 2/28/2012 (CMAL). (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
34

ORDER pursuant to 33 Stipulation: IT IS HEREBY ORDERED THAT: 1) Defendant John Greene in his official capacity as Director of the Arizona Department of Revenue is liable to Plaintiff for $56, 711.15 in attorneys' fees and costs; 2) Defendant John Greene in his official capacity as Director of the Arizona Department of Revenue shall deliver to Plaintiffs attorneys $56, 711.15 no later than thirty (30) days from entry of this Order by the Court. 3) Conditioned upon entry of this Order by the Court, this agreement resolves and shall be deemed full satisfaction of Plaintiff's claim in this case for attorneys' fees and costs under 42 U.S.C. § 1988 and 28 U.S.C. § 1920. Signed by Chief Judge Roslyn O Silver on 2/27/12. (LAD) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Reproductive Issues

Key Dates

Filing Date: Aug. 18, 2011

Closing Date: Feb. 27, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Arizona Coalition Against Domestic Violence, a 501(c)(3) non-profit that provided abortion services to domestic violence survivors.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Director, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: $56,711.15

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Abortion

Reproductive rights:

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