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A WOMAN'S CHOICE-EAST SIDE WOMEN'S CLIN. v. NEWMAN

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

132 F.Supp.2d 1150 (2001)

A WOMAN'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 Gregory Wilson, M.D., in his official capacity as Commissioner of the Indiana Department of Health, Defendants.

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

March 30, 2001.

Attorney(s) appearing for the Case

Colleen Connell, The Roger Baldwin Foundation of American Civil Liberties Union, Chicago, IL.

Janet Crepps, Center For Reproductive Law and Policy, Simpsonville, SC.

Kenneth J. Falk, Indiana Civil Liberties Union, Indianapolis, IN.

Simon Heller, Center For Reproductive Law & Policy, New York City.

Mary J. Hoeller, White & Raub, Indianapolis, IN.

Jon Laramore, Deputy Attorney General, Indianapolis, IN.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAMILTON, District Judge.

An Indiana law enacted in 1995 requires in almost all cases that at least 18 hours before an abortion can be performed, a woman must be given certain state-mandated information concerning the abortion and alternatives to abortion. See Ind. Code § 16-34-2-1.1. The law specifically requires that medical personnel provide some of this advance information "in the presence" of the pregnant...

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