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PLANNED PARENT v. COALITION, LIFE ACTIVISTS

No. 04-35214.

422 F.3d 949 (2005)

PLANNED PARENTHOOD OF the COLUMBIA/WILLAMETTE INC.; Portland Feminist Women's Health Center; Robert Crist, M.D.; Warren M. Hern, M.D.; Elizabeth Newhall, M.D.; James Newhall, M.D., Plaintiffs-Appellees, v. AMERICAN COALITION OF LIFE ACTIVISTS; Advocates for Life Ministries; Michael Dodds; Timothy Paul Dreste; Joseph L. Foreman; Bruce Evan Murch; Donald Treshman; Charles Wysong; Michael Bray; Andrew Burnett; David Crane; Charles Roy McMillan; Catherine Ramey; Dawn Marie Stover, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Edward L. White III, Thomas More Law Center, Ann Arbor, Michigan, for Bray, Burnett, Crane, McMillan, Ramey, and Stover, defendants-appellants, and Christopher A. Ferrara, American Catholic Lawyers Ass'n., Fairfield, NJ, for American Coalition of Life Activists, Advocates for Life Ministries, Dodds, Dreste, Foreman, Murch, Treshman and Wysong, for the defendants-appellants.

Maria T. Vullo, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for the plaintiffs-appellees.

Before FERNANDEZ, RYMER, and KLEINFELD, Circuit Judges.

RYMER, Circuit Judge.

American Coalition of Life Activists and thirteen others (collectively, ACLA)1 appeal the decision of the district court on remand that the $108.5 million in punitive damages awarded by a jury in 1999 for violations of the Freedom of Access to Clinic Entrances Act (FACE), 18 U.S.C. § 248, comports with due process. Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists,

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