Case: Roe v. Leis

1:00-cv-00651 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 9, 2000

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On August 9, 2000, an inmate at the Hamilton County Jail in Cincinnati, Ohio filed a lawsuit under 42 U.S.C. § 1983 against Hamilton County in the U.S. District Court for the Southern District of Ohio. The plaintiff, who was represented by private counsel, asked the court for injunctive relief, alleging that her constitutional right to terminate her pregnancy had been violated by the defendants' policies regarding abortion procedures for inmates. Plaintiff's request for abortion services was d…

On August 9, 2000, an inmate at the Hamilton County Jail in Cincinnati, Ohio filed a lawsuit under 42 U.S.C. § 1983 against Hamilton County in the U.S. District Court for the Southern District of Ohio. The plaintiff, who was represented by private counsel, asked the court for injunctive relief, alleging that her constitutional right to terminate her pregnancy had been violated by the defendants' policies regarding abortion procedures for inmates. Plaintiff's request for abortion services was denied under this policy, which required the medical director to determine that an abortion was therapeutically indicated before being allowed.

The jail refused to transport plaintiff to receive abortion services without a court order. On January 10, 2001, the U.S. District Court for the Southern District of Ohio (Judge Susan Dlott) granted the plaintiff's request for a permanent injunction and ordered the jail to provide abortion services to inmates who requested them, finding the jail's policy imposed an "undue burden" on inmates' right to choose. Roe v. Leis, 2001 WL 1842459 (S.D.Ohio Jan. 10, 2001). On January 21, 2001, the plaintiff asked the court to award her attorneys' fees and costs as the prevailing party in the lawsuit. On June 5, 2001, the court (Judge Dlott) granted the plaintiff's request and awarded fees.

Summary Authors

Kristen Sagar (10/13/2006)

People


Judge(s)

Dlott, Susan J. (Ohio)

Attorney for Plaintiff

Gerhardstein, Alphonse A. (Ohio)

Attorney for Defendant

Strauss, Gordon (Ohio)

Judge(s)

Dlott, Susan J. (Ohio)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

1:00-cv-00651

Docket [PACER]

June 5, 2001

June 5, 2001

Docket
13

1:00-cv-00651

Order Granting Plaintiffs' Motion for a Permanent Injunction

Jan. 10, 2001

Jan. 10, 2001

Order/Opinion

2001 WL 2001

Docket

Last updated Feb. 15, 2024, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT/TRO AND PREL INJ REQUESTED (Summonses issued) ( no. pgs: 7) (vp) (Entered: 08/11/2000)

Aug. 9, 2000

Aug. 9, 2000

Filing Fee Paid: on 8/9/00 in the amount of $ 150.00, receipt # 100408065. (vp) (Entered: 08/11/2000)

Aug. 9, 2000

Aug. 9, 2000

2

MOTION by plaintiff for temporary restraining order and for preliminary injunction ; hrg requested ( no pgs: 12+) (vp) Modified on 08/11/2000 (Entered: 08/11/2000)

Aug. 9, 2000

Aug. 9, 2000

3

ORDER by Judge Susan J. Dlott granting motion for temporary restraining order [2-1], granting motion for preliminary injunction [2-2] (cc: all counsel) ( no pgs: 2) (vp) (Entered: 08/11/2000)

Aug. 11, 2000

Aug. 11, 2000

4

ANSWER by defendants ( no pgs: 9) (km) (Entered: 08/30/2000)

Aug. 29, 2000

Aug. 29, 2000

5

NOTICE of hearing on motion for preliminary injunction [2-2] at 3:00 10/26/00 before J Dlott (cc: all counsel) (vp) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

6

MOTION by plaintiff Jane Roe for writ of habeas corpus ad testificandum to testify at trial on 10/26/00 ( no pgs: 1) (km) (Entered: 10/25/2000)

Oct. 24, 2000

Oct. 24, 2000

7

WRIT issued as to plaintiff Jane Roe by Judge Dlott to Hamilton Cty Sheriff to bring pltf to Courtroom 836 on 10/26/00 at 2:00 and return to custody upon conclusion ( no pgs: 1) (vp) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

8

ORDER by Judge Susan J. Dlott directing USM to bring Jane Roe to Courtroom 836 on 10/26/00 at 2:00 for hrg (cc: all counsel) ( no pgs: 1) (vp) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

9

NOTICE by plaintiffs of filing report of Walter Bowers M D ( no pgs: 1+) (km) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

10

STIPULATION by parties regarding facts pertaining to this action ( no pgs: 5+joint exhibits) (km) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

11

Proposed Findings of Fact and Conclusions of Law filed by plaintiff (km) (Entered: 10/26/2000)

Oct. 26, 2000

Oct. 26, 2000

12

CIVIL MINUTES: Proceeding held 3:00 10/26/00 before Judge Susan J. Dlott on motion for preliminary injunction [2-1]; argument of counsel heard; testimony of Dr Bowers presented by plaintiff; matter taken under submission; Court Reporter: Betty Schwab (Official Court Reporter) (cc: all counsel) ( no pgs: 1) (km) (Entered: 10/27/2000)

Oct. 27, 2000

Oct. 27, 2000

13

ORDER by Judge Susan J. Dlott granting motion for preliminary injunction [2-2] (treated as motion for permanent injunction pursuant to agreement by parties); it is ordered that defendants Sheriff Simon L Leis Jr and Hamilton County institute a policy consistent with this opinion for providing abortion services to inmates who request them terminating case (cc: all counsel) ( no pgs: 6) (km) (Entered: 01/10/2001)

Jan. 10, 2001

Jan. 10, 2001

14

JUDGMENT: Entered by Clerk affirming doc. 13 (cc: all counsel) ( no pgs: 1) (km) (Entered: 01/10/2001)

Jan. 10, 2001

Jan. 10, 2001

15

MOTION by plaintiffs for attorney fees and costs ( no pgs: 7+) (km) (Entered: 01/23/2001)

Jan. 23, 2001

Jan. 23, 2001

16

MEMORANDUM by defendants in partial opposition to plaintiff's motion for attorney fees and costs [15-1] ( no pgs: 9+) (km) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

17

REPLY by plaintiffs to response to motion for attorney fees and costs [15-1]; afdt of Robert B Newman attached ( no pgs: 5+) (km) (Entered: 02/21/2001)

Feb. 21, 2001

Feb. 21, 2001

18

ORDER by Judge Susan J. Dlott granting motion for attorney fees and costs [15-1] in the amount requested (cc: all counsel) ( no pgs: 3) (km) (Entered: 06/05/2001)

June 5, 2001

June 5, 2001

Case Details

State / Territory: Ohio

Case Type(s):

Jail Conditions

Reproductive Issues

Key Dates

Filing Date: Aug. 9, 2000

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates claiming that the policies administered in Hamilton County prisons are unconstitutional

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hamilton County, Ohio (Hamilton), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2001 - 0

Issues

Reproductive rights:

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

Abortion

Affected Sex or Gender:

Female

Type of Facility:

Government-run