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A WOMAN'S CHOICE — EAST SIDE WOMEN'S CLINIC v. NEWMAN

No. IP 95-1148-C H/G.

904 F.Supp. 1434 (1995)

A WOMEN'S CHOICE-EAST SIDE WOMEN'S CLINIC; Indianapolis Women's Facility; A Clinic for Women, Inc.; Planned Parenthood of Central and Southern Indiana, Inc.; Fort Wayne Women's Health Organization, Inc.; Ulrich G. Klopfer, D.O.; Women's Pavilion, Inc.; and Friendship Family Planning Clinic of Indiana, on behalf of themselves and their patients seeking abortions, Plaintiffs, v. Scott C. NEWMAN, in his official capacity as Prosecuting Attorney for Marion County, and as representative of the class of all prosecuting attorneys in the State of Indiana; and John C. Bailey, M.D., in his official capacity as Commissioner of the Indiana Department of Health, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

November 9, 1995.

Attorney(s) appearing for the Case

Simon Heller, Diane Curtis, The Center for Reproductive Law & Policy, New York City, Mary J. Hoeller, Dina M. Cox, Lewis & Wagner, Indianapolis, Indiana, Richard Waples, Cheri A. Harris, Indiana Civil Liberties Union, Indianapolis, Indiana, Colleen Connell, American Civil Liberties Union, Reproductive Freedom Project, Chicago, Illinois, for Plaintiffs.

Arend J. Abel, Jon Laramore, Office of the Indiana Attorney General, Indianapolis, Indiana, for Defendants.

MEMORANDUM OPINION ON MOTION FOR PRELIMINARY INJUNCTION

HAMILTON, District Judge.

The plaintiffs challenge the constitutionality of a new Indiana statute regulating abortions and seek a preliminary injunction against its enforcement. The law, known as Public Law 187, requires in almost all cases that at least 18 hours before an abortion can be performed, a woman must be given certain medical information and information concerning alternatives to abortion...

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