General Recap & Update (Spring 2006)

People’s Advocate v. Independent Citizens’ Oversight Committee (Calif.)—Suit for declaratory and injunctive relief to prevent expenditure of public funds for research focused on embryonic stem cells and cloning. Depositions in process. Trial set for Spring 2006.

NOW v. Scheidler—On February 28, the Supreme Court unanimously reversed the Seventh Circuit’s decision reviving the case and put an end to this two-decade old litigation. Victory!

Pedigo v. Hershey (Calif.)—Amniocentesis detrimentally used on pre-born child with improper consent. Civil suit filed. Case proceeding in trial court.

O’Toole v. San Diego Community College District—Pro-lifer arrested and held for carrying sign on public college campus; he was released two days later, without having been cited. Claim filed and rejected. Plaintiff and defendants filed writ of petition to Fourth District Court of Appeal of California; awaiting decision.

Moreno v. Los Gatos (Calif.)—Pro-lifers arrested for picketing and distributing literature on public sidewalk outside high school. Police told them they had to stay 1,000 feet from the school. No charges filed. Civil action filed. Settlement agreement is being submitted to the judge for signature. Town agrees to permanent injunction; we get $21,000 attorneys fees; we appeal denial of $25,000 per person civil rights damages.

People v. Mason (Las Vegas, Nev.)—After a day of sidewalk counseling at an abortion mill and being told by police they were not violating the law, pro-lifers were charged with trespass as they were leaving. Victory! Defendants found not guilty after trial.

Moreno v. Riverside Community College (Calif.)—Suit against public college for arrest of pro-lifers engaged in free speech activity. Discovery in process.

Logsdon v. Cincinnati Womens’ Services (Ohio)—Civil action in Ohio court for defamation and conversion against Cincinnati abortion clinic and clinic owner for interfering with sidewalk counselor’s pro-life signs and for false reports to police that led to two arrests. Clinic closed and clinic owner filed for bankruptcy in October 2005, triggering automatic stay of proceedings. Attack on bankruptcy discharge is pending and other action is under consideration.

Logsdon v. Hains (Ohio)—Federal civil rights lawsuit for damages filed against two Cincinnati police officers for arresting sidewalk counselor at abortion clinic and filing charges against him without probable cause. Police filed motion to dimiss claims on basis of qualified immunity. Awaiting decision.

Krug v. Billings Montana—Pro-life sidewalk counselors were arrested on separate occasions; all criminal charges were dismissed. False arrest suit pending.

Mason v. Colorado School of Mines—Following successful defense of pro-lifer for alleged trespass on public property, civil suit filed against public university for violation of constitutional rights. Discovery in process.

Roe v. Planned Parenthood (Ohio)—Civil action for damages and injunctive relief filed against PPfor performing abortion on fourteen-year-old girl in violation of Ohio law. Claims on behalf of girl and parents include violation of parental notice and consent statutes, informed consent statute, and law requiring reports in cases of suspected child abuse. PP’s motion to dismiss four of the claims was overruled, and PPappealed that decision. That appeal has been dismissed, and discovery is proceeding.

St. John’s Church v. Scott et al. (Colo.)—Pro-lifers sued for speech activity exposing abortion advocacy of local church. Victory! mutually acceptable injunction negotiated.

People v. Coatney (Mich.)—Pro-lifer cited and convicted for parking violation for parking his privately-owned bus with pro-life signs near abortion clinic, not at a bus stop. When he parked it at a bus stop, he was again cited for illegal parking. Appeal pending.

Bordeaux v. Long Beach Community College—Suit against public college for arrest of pro-lifers engaged in free speech activity. Discovery in process.
New York City v. Cain—Sidewalk counselor arrested for the third time allegedly for disorderly conduct. Victory! case dismissed.

People v. Stiefken et al. (San Bernardino)—Sidewalk counselors charged with obstructing a business.

SWHC v. Sanctity of Human Life Network et al. (Sacramento)—Contempt charge pending.

Lindsley, Layman, Mason, Buchinger v. Sacramento City College (Calif.)—Victory! case settles for $22,000 prior to lawsuit being filed.

Sullenger, Reed et al. v. County of Sedgwick et al. (Kansas)—Civil rights/First Amendment suit for multiple violations of first amendment rights. Pro-lifers have tried to bring the pro-life message to the Kansas Coliseum and are arrested and later found not guilty or threatened with arrest and forced to leave.

People v. D’Alessio (Oakland)—Sidewalk counselor charged with interfering with a business by pro-abortion guard at Family Planning Specialists. Hearing pending.

Storms, et al. v. CSU Los Angeles (Calif.)—Pro-lifers arrested for remaining on campus after being told they could only hold signs in a deserted area near campus police station. Charges dismissed. Claim pending.

Klein, et al. v. San Diego County et al.—Federal challenge to San Diego residential picketing ordinance. Decision pending from Ninth Circuit Court of Appeal.

Mason v. Klaus (Calif.)—Pro-lifers arrested for free speech activity on CSU Long Beach campus after being told that they could not hold signs. Complaint filed.

Buchinger v. Santa Barbara City College (Calif.)—Pro-lifers arrested for remaining on campus and engaging in free speech activity. Lawsuit pending.