COMPLAINT

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

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CASE NO.: 99-850-CV-19-A

JANE ROE, II,
Plaintiff,
v.
AWARE WOMAN CENTER FOR CHOICE, INC.,
a Florida corporation,
EDWARD W. WINDLE, JR.,
PATRICIA B. WINDLE and
WILLIAM P. EGHERMAN, M.D.,
Defendants.

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

Plaintiff, Jane Roe, II, by her attorney, for her 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 events giving rise to the claims occurred in this District.

PARTIES

3. Plaintiff is a citizen of the United States and the alias she is using is Jane Roe, II.

4. 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,
(c) was controlled by Edward W. Windle, Jr. and Patricia B. Windle, and
(d) maintains its corporate office in Brevard County, Florida

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

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

7. William P. Egherman is an abortionist working part-time at the Aware Woman Center For Choice facility and whose place of residence is unknown.

8. All four of the above named defendants are referred to jointly as Defendants.

STATEMENT OF CLAIM

9. Plaintiff here realleges all previous allegations.

10. Defendant, Aware Woman Center for Choice, Inc., owns a reproductive health service facility located at 1564 Dixie Way, Melbourne, Florida, which was so located at the times specified herein, same being a facility according to 18 U.S.C. §248 (e) (1). Much of its business consists of the performance of abortions.

11. On March 29, 1997, Jane Roe, II voluntarily entered the facility, seeking reproductive health services, in other words, an abortion.

12. Jane Roe, II had previously undergone two abortions at Defendants' facility and therefore knew what normally to expect about the routine procedure there at Aware Woman.

13. Jane Roe, II checked in, was provided a brief nominal counseling session with a member of the staff and then was given a hospital gown to wear and led to the waiting area where a large number of pregnant women were waiting for their abortions. This staff counselor did not advise Jane Roe, II of all risks she was taking nor of the injuries the defendants would soon inflict on her.

14. Jane Roe, II soon realized that the pregnant women were being called out of the waiting room for their abortions very rapidly, far more quickly than was usual. She began to worry. Abortions should not be going so fast.

15. All too soon, Jane Roe, II heard her own name called and she was led to the termination room. There she was put on an operating table and an ultra sound device was attached to her so that the abortionist, William P. Egherman, could observe what he was doing inside her.

16. When the abortionist had barely started, Jane Roe, II felt extreme, excessive pain in her abdomen unlike any pain she had ever felt before. When Jane Roe, II told the abortionist's helpers about the pain in her stomach, defendants' staff looked at one another with horrified looks on their faces, saying nothing.

17. Immediately Jane Roe, II knew that the abortion was going terribly wrong. "Mom", " Mom", she started calling in a loud desperate voice. She then demanded that an ambulance be called to take her to the emergency room at the local hospital.

18. Instead of calling an ambulance, defendants' staff forcibly held Jane Roe, II on the table causing multiple bruises on her arms in the process. Jane Roe, II was now afraid for her life.

19. Defendant William P. Egherman continued the abortion as four other of defendants' employees held Jane Roe, II on the table against her will, preventing her escape from the facility.

20. Jane Roe, II continued her desperate struggling and very loud vocal demands that an ambulance be called. She begged the abortionist to stop, saying that she felt severe pain. Even though the abortionist had been told to stop several times, William P. Egherman again inserted an instrument into the plaintiff's vagina to continue the abortion. Jane Roe, II demanded that he stop. At this time she felt pain in her back. Members of the staff were attempting to insert an IV but were unable to locate a vein. The abortionist stopped what he was doing inside her and attempted to insert the IV needle. Jane Roe, II continued begging for an ambulance. Defendants' employees finally did call an ambulance, but much serious damage had already been done to their patient.

21. Jane Roe, II, suffered a perforated uterus and colon laceration together with other physical as well as ongoing emotional problems. She was in the hospital for several days and out of work for many weeks.

22. All of the Defendants violated the Federal Civil Rights Act, known as F.A.C.E., 18 U.S.C. §248, by preventing the egress of Plaintiff from the facility on March 29, 1997 when Defendants, and/or their employees, did unlawfully, "interfere with"[as defined by 18 U.S.C. §248(e)(2)], "intimidate"[as defined by 18 U.S.C. §248(e)(3)], and use "physical obstruction"[as defined by 18 U.S.C. §248(e)(4)] to restrain Plaintiff and render impassable her desired egress from said facility.

23. In so doing, Defendants intentionally violated the civil rights of Plaintiff under 18 U.S.C. §248 and willfully caused her physical and emotional suffering, financial loss, and the need to incur attorneys' fees and the various costs in bringing this action.

JURY TRIAL

24. Plaintiff hereby prays this Honorable Court grant a trial by jury of all issues so triable.

WHEREFORE PLAINTIFF 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 in excess of One Million ($1,000,000.00) Dollars, interest, the costs of this action including expert witness fees and a reasonable attorney's fee, together with all other relief as the Court deems just.

Respectfully submitted,
Christopher F. Sapp <signed>
Post Office Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar Number 0097823
Attorney for Plaintiff