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ROE v. CRAWFORD

No. 06-3108.

514 F.3d 789 (2008)

Jane ROE, Appellee, v. Larry CRAWFORD, Director of the Missouri Department of Corrections; Cyndi Pruden, Acting Superintendent Women's Eastern Reception, Diagnostic and Correctional Center, in her official capacity, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 22, 2008.

Attorney(s) appearing for the Case

Michael Pritchett, Assistant Attorney General, argued, Jefferson City, MO, for appellant.

Mailee R. Smith and Denise M. Burke, American United for Life, Chicago, IL, filing a brief amicus curiae on behalf of Senator Chuck Gross and Senator Delbert Scott.

Diana Kasdan, argued, Susan Talcott Camp and Charu A. Chandrasekhar, ACLU Foundation, New York, NY, Thomas Blumenthal, Anthony R. Rothert, and James G. Felakos, St. Louis, MO, on brief, for appellee.

Kimberly A. Parker and Jessica L. Waters, Washington, DC, filing brief amicus curiae on behalf of American College of Obstetricians and Gynecologists, The American Medical Women's Association and American Public Health Association.

Carl Micarelli, Alison Mikkor and Terrianne Muenzen, New York, NY, filed amicus brief on behalf of Chicago Legal Advocacy for Incarcerated Mothers, John Howard Association of Illinois, Legal Services for Prisoners with Children, National Association of Social Workers Missouri Chapter, Stop Prisoner Rape, and Women's Prison Association.

Before WOLLMAN, HANSEN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

The Missouri Department of Corrections (MDC) instituted a policy of prohibiting transportation for elective, non-therapeutic abortions (MDC policy). Plaintiff Jane Roe (Roe) requested transportation for an elective abortion, and was denied. The district court granted Roe's request for emergency preliminary injunctive relief, and ordered the MDC to provide Roe with transportation outside of the MDC facility (referred to by the parties as an "outcount...

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