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Friday, November 20, 2009
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Litigation Report - Illinois
 
ILLINOIS

Stephanie Adamson v. Superior Ambulance Serv. (U.S. District Court for the Northern District of Illinois):  Stephanie Adamson is an EMT who was fired after she asked out of a call to transport a patient from a hospital to an abortion clinic for an elective procedure.  The ACLJ filed suit under Title VII and the Illinois Health Care Right of Conscience Act.  Discovery is complete.  The defendants have an 11/25/06 deadline for filing a motion for summary judgment.

Melanie Antuma v. Walgreens (Illinois Circuit Court, Cook County):  Antuma is a Walgreens pharmacist who was fired for refusing to fill a morning-after pill prescription.  The ACLJ is pursuing an EEOC claim at this time.  

Kelly Hubble v. Walgreens (Illinois Circuit Court, Madison County):  Hubble is a Walgreens pharmacist who was fired for requesting accommodation of her beliefs against dispensing the morning-after pill. The ACLJ is suing under the Illinois Health Care Right of Conscience Act.  Walgreens has moved to dismiss the case or, in the alternative, stay the case pending the federal court proceeding.

Menges, et al. v. Blagojevich (U.S. District Court for the Central District of Illinois):  The ACLJ has made a federal court challenge to Illinois Governor Blagojevich’s regulation mandating the dispensing of the morning-after pill.  We argue that the regulation violates the federal Free Exercise Clause (it is neither neutral nor generally applicable) and conflicts with Title VII.  The defendants have moved to dismiss both complaints, and we have filed a brief in opposition.  Walgreens has been granted leave to intervene as a co-plaintiff.  On September 6, 2006, the court denied the state’s motion to dismiss and issued an opinion recognizing the theoretical validity of our causes of action and encouraging the state to amend the challenged regulation “in a manner consistent with individual constitutional rights.”

Menges, et al. v. Blagojevich II (Illinois Circuit Ct., Springfield):  This is the state court version of the previous case.  Here the ACLJ alleges that the Governor’s regulation violates the Illinois Health Care Right of Conscience Act and the Illinois RFRA.  The state has filed a motion to dismiss, and we have filed our opposition.

John Menges v. Walgreens (Illinois Circuit Ct., Madison County):  Menges is a Walgreens pharmacist who was fired for requesting accommodation of his beliefs against dispensing the morning-after pill.  The ACLJ is suing under the Illinois Health Care Right of Conscience Act.  Walgreens has moved to dismiss the case or, in the alternative, stay the case pending the federal court proceeding.  

Carol Muzzarelli v. Walgreens (Illinois Circuit Court, Madison County):  Muzzarelli is a Walgreens pharmacist who was fired for requesting accommodation of her beliefs against dispensing the morning-after pill.  We are suing under the Illinois Health Care Right of Conscience Act. Walgreens has moved to dismiss the case or, in the alternative, stay the case pending the federal court proceeding.

Nead v. Eastern Illinois University (U.S. District Court for the Northern District of Illinois):  A nurse was denied a full-time position after she stated in an interview that her religious beliefs would not permit her to dispense morning-after pills.  The ACLJ sued under Title VII.  Defendants filed a 12(b)(6) motion.  The district court denied most of the defendants’ motion, and we are beginning discovery.

NOW v. Scheidler (U.S. District Court for the Northern District of Illinois):  In this class-action RICO case brought by NOW and two abortion businesses against various pro-life activist individuals and organizations in federal court in Chicago, the ACLJ represents defendants Randall Terry, Operation Rescue, and Project Life. Having now fully prevailed at the Supreme Court of the United States, we have filed a post-appeal motion asking the Court to nullify an injunction against Randall Terry based upon a settlement he entered which exceeds the authority of the court under civil R.I.C.O.

Richard Quayle v. Walgreens (Illinois Circuit Court, Madison County):  Quayle is a Walgreens pharmacist who was fired for requesting accommodation of his beliefs against dispensing the morning-after pill.  The ACLJ is suing under the Illinois Health Care Right of Conscience Act. Walgreens has moved to dismiss the case or, in the alternative, stay the case pending the federal court proceeding.

State of Illinois v. Bonnie Brown (Illinois Dept. of Financial and Professional Regs.):  Brown is an Illinois pharmacist being prosecuted for “unprofessional conduct” for telling a Planned Parenthood nurse her store was “out of stock” of the morning-after pill.  Brown’s supervisor had told her that this was an acceptable way to deal with her objection to dispensing the morning-after pill.  The ACLJ is defending Brown in the pending administrative proceeding.

VanderBleek v. Blagojevich (Illinois Court of Appeals):  The ACLJ is representing pharmacy owners who are challenging the Illinois emergency contraception rule.  They were denied standing in the trial court.  We are awaiting an oral argument date from the court of appeals.

September 8, West Frankfort, IL:  The ACLJ sent local officials an informational letter about protest activities at the funeral of Army Sgt. Matthew J. Vosbein.

September 14, Skokie, IL:  The ACLJ sent local officials an informational letter about protest activities at the funeral of Staff Sgt. Robert J. Paul.

November 9, Skokie, IL:  The ACLJ sent local officials an informational letter about protest activities at the funeral of Army Sgt. Kraig Foyteck.