PLANNED PARENTHOOD ASSOCIATION OF UTAH v. HERBERT

No. 15-4189.

828 F.3d 1245 (2016)

PLANNED PARENTHOOD ASSOCIATION OF UTAH, Plaintiff-Appellant, v. Gary R. HERBERT, in his official capacity as Governor of the State of Utah; Joseph K. Miner, M.D., in his official capacity as Executive Director of the Utah Department of Health, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 12, 2016.


Attorney(s) appearing for the Case

Peggy A. Tomsic , ( Christine T. Greenwood and Jennifer Fraser Parrish , with her on the briefs) of Magleby, Cataxinos & Greenwood, Salt Lake City, Utah, for Plaintiff-Appellant.

Tyler R. Green , ( Parker Douglas and Stanford E. Purser , with him on the brief), Office of the Attorney General for the State of Utah, Salt Lake City, Utah, for Defendants-Appellees.

Before BRISCOE, EBEL and BACHARACH, Circuit Judges.


Plaintiff Planned Parenthood Association of Utah (PPAU) filed this action pursuant to 42 U.S.C. § 1983 claiming that defendant Gary Herbert, the Governor of the State of Utah, violated PPAU's constitutional rights by directing defendant Joseph Miner, the Executive Director of the Utah Department of Health (UDOH), to...

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