Complaint

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
COMPLAINT

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MEREDITH T. RANEY, JR.,
Plaintiff,
v.
AWARE WOMAN CENTER
FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR., and
PATRICIA B. WINDLE
Defendants.

CASE NO.: 97-1197-CV-ORL-19 FILED: OCTOBER 1, 1997

COMPLAINT FOR DAMAGES AND OTHER RELIEF UNDER FREEDOM OF ACCESS TO CLINIC ENTRANCES (FACE) ACT AND DEMAND FOR JURY TRIAL

Plaintiff, Meredith T. Raney, Jr., by his attorney, for his complaint in the above captioned action, alleges as follows:

JURISDICTION AND VENUE

1. This is a civil action seeking compensatory damages, punitive damages and other relief for violation of that Act of Congress known as Freedom of Access to Clinic Entrances Act (FACE). This Court has jurisdiction over this action because this is a civil action arising under the laws of the United States, according to 28 U.S.C. §1331, and also under 28 U.S.C. §1343 (a)(4), which confers original jurisdiction on district courts in civil actions to recover damages under an Act of Congress providing for the protection of civil rights. This action is authorized by 18 U.S.C. §248 (c).

2. Venue is proper in the Middle District of Florida pursuant to 28 U.S.C. §1391 (b), because the claims arose in this District and also because the Defendants reside in this District.

PARTIES

3. Plaintiff, Meredith T. Raney, Jr., is a citizen of the United States and a resident of Brevard County, Florida.

4. Defendant, Edward W. Windle, Jr., is a citizen of the United States and a resident of Brevard County, Florida.

5. Defendant, Patricia B. Windle, is a citizen of the United States and a resident of Brevard County, Florida.

6. Defendant, Aware Woman Center for Choice, Inc.,

(a) is a corporation for profit chartered by the State of Florida,

(b) is a corporate entity capable of suing and being sued,

(d) maintains its corporate office in Brevard County, Florida

7. All three of the above named defendants are referred to jointly as Defendants.

BACKGROUND

8. In the years since Norma McCorvey's (Jane Roe's) successful appeal to the U. S. Supreme Court, people have expressed their views concerning the legality of elective termination of pregnancy by participating in various activities.

9. Some of this activity has been limited to private expressions of opinion, to letter writing and to political campaigns. Other activity has been more visible to the public and has occurred in places such as the Mall in Washington, D.C. and at local courthouses where groups have come to carry picket signs, pray in unison and/or listen to speeches.

10. Several kinds of activity have occurred at one time or another at the facility located at 1564 Dixie Way, Melbourne, Florida and are categorized as follows:

(I) GROUP ACTIVITIES

a. Blockades, sit-ins, or rescues are events where groups of people physically restrict access to reproductive health service facilities that perform pregnancy terminations, generally by passively sitting in the entrance way.

b. Group protests are often boisterous events, with numerous people protesting the pregnancy terminations being conducted at the facility, but without a concerted effort to block access to the facility.

c. Demonstrations are events which generally are quiet and involve the carrying of signs.

d. Prayer vigils involve church congregations, often led by a priest, pastor or bishop, coming to a facility where pregnancy terminations occur to ask for God's intercession on behalf of pre-born human beings and their mothers in danger at that particular facility.

(II) INDIVIDUAL ACTIVITIES

a. Solitary prayer involves an individual praying for personal forgiveness or more general divine intervention.

b. Solitary protest may involve aggressive behavior by an individual seeking to discourage ingress to a facility that performs pregnancy terminations. Sometimes this activity involves loud preaching, often with voice amplification equipment such as bull horns.

c. A solitary demonstration is one that is peaceful, non-threatening, involving one person who may be quietly carrying a picket sign.

(III) REPRODUCTIVE HEALTH SERVICE ACTIVITIES

a. Reproductive health service activities include referral services and counseling regarding prenatal care, fetal development, adoption, and pregnancy termination, as well as the medical, moral, emotional, financial and spiritual health of each person coming to or leaving reproductive health service facilities. These reproductive health services are motivated by a love of God and neighbors, including pre-born neighbors. Congress enacted FACE to give special protection to these specific activities known as reproductive health services.

STATEMENT OF CLAIM

11. Plaintiff here realleges all previous allegations.

12. Defendant Aware Woman Center for Choice, Inc., and Hope Adoption Agency, Inc., a Florida corporation not for profit, are both located at 1564 Dixie Way, Melbourne, Florida and were so located at all times specified in the following Counts, performing reproductive health services, and jointly constituting a facility according to 18 U.S.C. §248 (e) (1).

13. Said facility includes the 36 foot buffer zone described in Madsen v. Woman's Health Center, Inc. 114 S.Ct. 2516 (1994).

14. At all times specified in the following three Counts, Plaintiff, Meredith T. Raney, Jr., was inside the boundary of said facility, involved in providing or seeking to provide reproductive health services such as: counseling of woman and men as to the spiritual, moral, medical, physical and psychological health aspects of adoption, pregnancy termination, fetal development, and prenatal care; and offering financial assistance and referrals to other related care-givers, not only when said women and men were entering the facility but also upon their leaving.

15. Because he was so engaged in the facility, Plaintiff, Meredith T. Raney, Jr., was unlawfully interfered with, threatened, and physically prevented from providing reproductive health services by the Melbourne City Police who, as agents of and taking direction from the Defendants, threatened Plaintiff with physical removal from the facility and then physically took Plaintiff away from the facility.

16. In so doing, Defendants violated the civil rights of Plaintiff, Meredith T. Raney, Jr., under 18 U.S.C. §248 and willfully caused him suffering, financial loss and the need to incur attorneys' fees and the various costs in bringing this action.

COUNT I

17. Plaintiff realleges all previous allegations.

18. A violation by Defendants of 18 U.S.C. §248 against Plaintiff occurred on January 28, 1995, when Plaintiff was physically removed from the facility after having first been threatened and intimidated by Melbourne City Police, agents of the Defendants.

COUNT II

19. Plaintiff realleges all previous allegations.

20. A violation by Defendants of 18 U.S.C. §248 against Plaintiff occurred on April 26, 1995, when Plaintiff was physically removed from the facility after having first been threatened and intimidated by Melbourne City Police, agents of the Defendants.

COUNT III

21. Plaintiff realleges all previous allegations.

22. A violation by Defendants of 18 U.S.C. §248 against Plaintiff occurred on January 24, 1996, when Plaintiff was physically removed from the facility after having first been threatened and intimidated by the Melbourne City Police, agents of the Defendants.

JURY TRIAL

23. Plaintiff, Meredith T. Raney, Jr., hereby prays this Honorable Court grant a trial by jury of all issues so triable

WHEREFORE PLAINTIFF, Meredith T. Raney, Jr., prays that this Honorable Court order an appropriate jury trial and grant the following relief:

Accept jurisdiction of this cause and enter Final Judgment against the Defendants for violation of 18 U.S.C. §248 (FACE), awarding Plaintiff compensatory or statutory damages, punitive damages, interest, the costs of this action including expert witness fees and a reasonable attorneys' fee, together with all other relief as the Court deems just.

Respectfully submitted,
Christopher F. Sapp <signed>
Attorney for Plaintiff,
Meredith T. Raney, Jr.
P. O. Box 1012
Lehigh Acres, Florida 33970
(941)368-3922
Florida Bar Number 0097823
Trial Counsel