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Case: Reproductive Health Services of Planned Parenthood v. Parson

1922-CC02395 | Missouri state trial court

Filed Date: May 28, 2019

Closed Date: April 22, 2022

Clearinghouse coding complete

Case Summary

On May 28, 2019, Planned Parenthood filed a lawsuit in the Circuit Court of St. Louis, Missouri to challenge the state’s denial of a license renewal for Missouri’s only remaining abortion care center. Without intervention, the license of the abortion facility would have lapsed on May 31, 2019. Missouri also had passed an eight-week ban on abortions, which was set to go into effect on August 28, 2019, without exceptions for rape or incest. Plaintiff sought (1) declaratory relief stating that the…

On May 28, 2019, Planned Parenthood filed a lawsuit in the Circuit Court of St. Louis, Missouri to challenge the state’s denial of a license renewal for Missouri’s only remaining abortion care center. Without intervention, the license of the abortion facility would have lapsed on May 31, 2019. Missouri also had passed an eight-week ban on abortions, which was set to go into effect on August 28, 2019, without exceptions for rape or incest. Plaintiff sought (1) declaratory relief stating that the actions of the state in denying and delaying the renewal of the license were unlawful, (2) injunctive relief preventing the state from conditioning the license renewal of abortion care providers on the production of third parties for interviews and prohibiting the violation of Missouri’s Licensing Law, and (3) attorneys fees and costs. This case was assigned to Judge Michael F. Stelzer.

On May 31, 2019, Judge Stelzer granted Plaintiff’s motion for a temporary restraining order, keeping the license in effect temporarily until a ruling was given on the request for a preliminary injunction. The preliminary injunction was then granted on June 10, 2019, preventing the license from expiring during the course of litigation. The court concluded that immediate injury would occur to Plaintiff's facility if its license were allowed to expire. The court also ordered the Missouri Department of Health and Senior Services to issue a decision on the application for license renewal by June 21, 2019. 

Missouri denied the application for renewal, and on June 24, 2019, the court decided that Plaintiff must first seek redress with the Administrative Hearing Commission because Plaintiff had now received an official decision. The case was dismissed without prejudice for having failed to exhaust administrative remedies and the court allowed the license to remain in effect until June 28, 2019, after which the preliminary injunction would lapse.

On May 29, 2020, the Administrative Hearing Commission ruled that the Missouri Department of Health and Senior Services wrongly denied Planned Parenthood’s St. Louis clinic its license. The state chose not to appeal and a month after the decision, the clinic was granted its license. On March 15, 2021, the commission ordered the state to pay Planned Parenthood’s legal fees. The state attempted to litigate this decision in the 19th Circuit Court of Cole County, Missouri, but in April 22, 2022, the court affirmed an administrative court’s ruling (21AC-CC00110) and saw the state's actions as an attempt  "to relitigate every issue on which it lost."

Summary Authors

Kathleen Lok (11/19/2022)

Documents in the Clearinghouse

Document

1922-CC02395

Verified Petition for Declaratory and Injunctive Relief

May 28, 2019

May 28, 2019

Complaint

1922-CC02395

Order

May 31, 2019

May 31, 2019

Order/Opinion

1922-CC02395

Order

June 10, 2019

June 10, 2019

Order/Opinion

19-0879

Complaint

Reproductive Health Services of Planned Parenthood of the St. Louis Region v. Missouri Department of Health and Senior Services

No Court

June 24, 2019

June 24, 2019

Complaint

1922-CC02395

Order

June 24, 2019

June 24, 2019

Order/Opinion

19-0879

Decision

Reproductive Health Services of Planned Parenthood of the St. Louis Region v. Missouri Department of Health and Senior Services

No Court

May 29, 2020

May 29, 2020

Order/Opinion

20-2209

Complaint for Reasonable Fees and Expenses

Reproductive Health Services of Planned Parenthood of the St. Louis Region v. Missouri Department of Health and Senior Services

No Court

June 24, 2020

June 24, 2020

Complaint

20-2209

Amended Decision

Reproductive Health Services of Planned Parenthood of the St. Louis Region v. Missouri Department of Health and Senior Services

No Court

March 25, 2021

March 25, 2021

Order/Opinion

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

Key Dates

Filing Date: May 28, 2019

Closing Date: April 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Reproductive Health Services of Planned Parenthood the St. Louis Region is a not-for-profit corporations providing abortion care in Missouri.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor, State

Director of Missouri Department of Health and Senior Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2019 - 2019

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Licensing restriction

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

General:

Abortion

Type of Facility:

Non-government non-profit