« Ind. Gov't. - Still more on: Who should decide Indiana's position on national legal issues? Who should know? | Main | Ind. Decisions - "Restaurants don’t have standing to challenge parking in Jeffersonville" »
Friday, August 07, 2009
Ind Decisions - Federal court vacates permanent injunction issued in 1990 prohibiting defendants from physically preventing women from accessing Fort Wayne abortion clinic
The opinion and order is in the case of Fort Wayne Women's Health Organization v. Brane Judge Lee writes:
It is well established that courts may modify or even vacate injunctions if a movant establishes that the injunction “injuriously affects his interests.” * * *The evidence and the record before the court at the present time demonstrates that Brown may very well be under an unfair and unintended burden by the presence of the permanent injunction in this case and its associated ancillary orders. Also, as stated, no party to this lawsuit violated the injunction or its amendments during the time that the FWWHO continued to occupy the Webster Street property. Finally, as also stated above, none of the original plaintiffs nor any other party served with notice of the pending motions has come forward to oppose them. For all of these reasons, the court concludes that the motion to vacate the permanent injunction and its ancillary orders filed by the defendant, Bryan Brown, should be granted.
Posted by Marcia Oddi on August 7, 2009 12:12 PM
Posted to Ind Fed D.Ct. Decisions