Date: 12-15-2017
Kentucky Appeals Court ruling revives Bevin’s Planned Parenthood lawsuit over abortions
The Kentucky Court of Appeals has ruled a lawsuit by Gov. Matt Bevin’s administration that had claimed Planned Parenthood illegally provided abortions at its clinic in downtown Louisville was wrongly dismissed.
The ruling on Friday sent the case back to the lower court.
While the Kentucky Cabinet for Health and Family Services “may have a difficult time proving its allegations we believe said allegations are sufficient to state a claim upon which relief can be granted,” a three-judge panel ruled.
Courier Journal reported in July 2016 that in dismissing the lawsuit filed by Bevin’s general counsel, Steve Pitt, Jefferson Circuit Court Judge Mitch Perry found that the reproductive health organization had — as it had claimed — been following directions of state officials when it began offering abortions in December as part of its effort to obtain a state license.
Planned Parenthood had sought the license last in 2015 from the administration of former Gov. Steve Beshear, a Democrat, and produced documentation from state officials directing Planned Parenthood to open the clinic and begin providing all services, including abortions, so it could be inspected and be granted a license. Officials with the Beshear administration told Planned Parenthood its licensing application was complete and fulfilled requirements.
But the license had not yet been issued when Bevin became governor in December. His administration ordered the clinic to stop providing abortions and claimed the license application was deficient.
Bevin’s lawyers had responded by suing Planned Parenthood, seeking fines of more than $500,000 for 23 abortions provided at the clinic.
