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PLANNED PARENTHOOD OF SOUTHERN ARIZONA v. NEELY

No. CIV 89-489 TUC ACM.

942 F.Supp. 1578 (1996)

PLANNED PARENTHOOD OF SOUTHERN ARIZONA AND ITS CORPORATE CHAPTER, ARIZONA WOMEN'S CLINIC, INC.; Planned Parenthood of Central and Northern Arizona, Inc.; and Dr. David Rhae, M.D., and Dr. Maryanna Friederich, M.D., individually and on behalf of their minor patients, Plaintiffs, v. Stephen D. NEELY, as County Attorney for the County of Pima, and as representative for all other prosecuting attorneys similarly situated throughout the State of Arizona, including without limitations City Attorneys, Defendants.

United States District Court, D. Arizona.

October 8, 1996.

Attorney(s) appearing for the Case

John N. Iurino, Lewis & Roca, Tucson, Arizona, for Plaintiffs.

Anthony B. Ching, Office of Attorney General, Phoenix, Arizona, for Defendants.

MEMORANDUM DECISION

MARQUEZ, Senior District Judge.

INTRODUCTION

Plaintiffs originally filed this action on August 29, 1989 to enjoin the Defendants from enforcing the prior version of A.R.S. § 36-2152, which required minor women to obtain parental consent prior to an abortion and imposed criminal penalties on physicians violating the statute. By Order dated September 14, 1992, this Court found that language dealing with "Medical Procedure...

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