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AMERICAN CIV. LIBERTIES UNION OF KANSAS v. PRAEGER

Case No. 11-2462-WEB-KGG.

815 F.Supp.2d 1204 (2011)

AMERICAN CIVIL LIBERTIES UNION OF KANSAS AND WESTERN MISSOURI, Plaintiff, v. Sandy PRAEGER, Kansas Insurance Commissioner, in her official capacity, Defendant.

United States District Court, D. Kansas.

September 29, 2011.

Attorney(s) appearing for the Case

Andrew D. Beck , Brigitte Amiri , Jennifer Dalven , American Civil Liberties Union Foundation, New York, NY, Stephen D. Bonney , ACLU of Kansas and Western Missouri, Kansas City, MO, for Plaintiff.

Jeffrey A. Chanay , Office of Attorney General, Topeka, KS, Todd N. Thompson , Robert W. Ramsdell , Sarah E. Warner , Shon D. Qualseth , Stephen R. McAllister , Thompson Ramsdell & Qualseth, P.A., Lawrence, KS, for Defendant.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

Plaintiff American Civil Liberties Union of Kansas and Western Missouri ("ACLU") filed this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief to halt enforcement of a Kansas statute which took effect on July 1, 2011. A portion of the statute essentially prohibits insurance companies in Kansas from providing coverage for "elective"1...

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