LEE v. STATE

Civ. No. 94-6467-HO.

869 F.Supp. 1491 (1994)

Gary LEE, et al., Plaintiffs, v. STATE of Oregon, et al., Defendants.

United States District Court, D. Oregon.

December 27, 1994.


Attorney(s) appearing for the Case

Thomas O. Alderman, Eugene, OR, for Gary Lee, MD and William Petty, MD, on behalf of their patients, Eric S. Dutson, individually and as a representative of a class of terminally ill Oregon individuals with disabilities, Janet Elsner, individually and as a representative of a class of Oregon patients who are terminally ill even with treatment, Jeffrey M. Weinkauf, Individually and as a representative of a class of Oregon patients who are terminally ill without treatment, Fritz Beck, June Beck, Claudine Stotler, individually and as a representative of a subclass of person who have the disability of a terminal disease even with medical treatment and who are being or will be treated at the Oregon Health Sciences University Hosp., Geraldine Bernards, individually and as Adm'r of Maryville Nursing Home Inc., Maryville Nursing Home Inc., Douglass F. Harcleroad, in his official capacity as the District Attorney for Lane County, Oregon, and as a representative of the class of all district attorneys in the State of Oregon.

Theodore R. Kulongoski, Thomas A. Balmer, Stephen K. Bushong, Dept. of Justice, Salem, OR, for defendants Douglass F. Harcleroad, in his official capacity as Dist. Atty. for Lane County, OR, and as representative of the class of all Dist. Attys. in State of OR, Theodore Kulongoski, in his official capacity as Atty. Gen. of OR, Terry L. Connor, DO, in his official capacity as Chairman of OR Bd. of Medical Examiners, Edward A. Heusch, DO, in his official capacity as Vice-chairman of OR Bd. of Medical Examiners, Catherine M. Nater, in her official capacity as Secretary of OR Bd. of Medical Examiners, John W. Grigsby, MD, Sarah S. Hendrickson, MD, George A. Porter, MD, James H. Sampson, MD, Rosemary C. Lee Selinger, MD, Fred R. Stark, MD, Maralyn E. Turner, J. Bruce Williams, MD, in their official capacity as members of OR Bd. of Medical Examiners, State of OR, OR Health Sciences University, Hosp.

Michael L. Williams, Jeffrey S. Merrick, Williams & Troutwine, PC, Portland, OR, for intervenors-defendants Tedd Levin, Tim Shuck, Jean Yukich.

Charles F. Hinkle, Stoel Rives Boley Jones & Grey, Portland, OR, for intervenors-defendants Peter Goodwin, Barbara Coombs Lee, Eleven Sinnard.


OPINION

HOGAN, District Judge.

Before the court is Measure 16, passed by Oregon voters on November 8, 1994. This law, for the first time in the history of this country, authorizes physician assisted suicide for the terminally ill. The law invokes profound questions of constitutional dimension. The narrow issue presented at this juncture is whether those questions justify a brief delay in the implementation of this law. For the reasons set forth below, I...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases