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GIBSON v. MATTHEWS

No. 89-5284.

926 F.2d 532 (1991)

Leisa GIBSON, Plaintiff-Appellant, v. Robert MATTHEWS, Warden, Federal Correctional Institution, Individually and in his Official Capacity; William Ellis, M.D., Individually and in his Official Capacity; Edgar Sim, Individually and in his Official Capacity; Tim Picard, Individually and in his Official Capacity; Stanley E. Morris, Director, U.S. Marshals Service, in his Official Capacity; Ten Unknown Named Agents, U.S. Marshals Service, Individually and in their Official Capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1991.

Attorney(s) appearing for the Case

David A. Friedman, Sara L. Pratt (argued), American Civil Liberties Union of Kentucky, Louisville, Ky., for Leisa Gibson.

Louis DeFalaise, U.S. Atty., Marianna J. Read, Asst. U.S. Atty., Lexington, Ky., John Cordes, Lowell V. Sturgill, Jr. (argued), Dept. of Justice, Appellate Staff, Civil Div., Marianne Finnerty, Trial Atty., U.S. Dept. of Justice, Jay S. Bybee, U.S. Dept. of Justice, Civil Div., Barbara L. Herwig, U.S. Dept. of Justice, Appellate Staff, Civil Div., Washington, D.C., for defendants-appellees.

Before MILBURN and BOGGS, Circuit Judges, and ENGEL, Senior Circuit Judge.

BOGGS, Circuit Judge.

Leisa Gibson, a formerly pregnant bank robber serving time in federal prison, has sued numerous federal officials, stating that she wanted to have an abortion and was not enabled to do so as a result of the actions of different federal officials. She contends that these actions violated her rights under the fifth, eighth and ninth amendments to the Constitution, and thus constituted a violation of 42 U.S.C. § 1983. The district court construed...

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