K.P. v. LeBLANC

No. 09-31015.

627 F.3d 115 (2010)

K.P.; D.B., M.D.; Hope Medical Group for Women, Plaintiffs-Appellants, v. Lorraine LeBLANC, in her official capacity as Executive Director of the Louisiana Patient's Compensation Fund Oversight Board; Clark Cosse, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Melanie Firman, in her official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Vincent Culotta, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; William Schumacher, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Joseph Donchess, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Dionne Viator, in her official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Daniel Lennie, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board; Manuel Depascual, in his official capacity as a member of the Louisiana Patient's Compensation Fund Oversight Board, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 23, 2010.


Attorney(s) appearing for the Case

Stephanie Toti , Staff Atty. (argued), Ctr. for Reproductive Rights, New York City, William E. Rittenburg , Rittenburg, Samuel & Phillips, L.L.C., New Orleans, LA, for Plaintiffs-Appellants.

Carlton Jones, III (argued), Roedel, Parsons, Koch, Blache, Balhoff & McCollister, A.L.C., Baton Rouge, LA, for Defendants-Appellees.

Before DENNIS, OWEN and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

Physicians enrolled in the Louisiana Patient's Compensation Fund challenge the constitutionality of a state statute denying abortion providers the benefits of participation in the Fund. They seek to enjoin the Patient's Compensation Fund Oversight Board from using that statute to prevent processing and paying of abortion-related claims. The district court determined that the members of...

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