Court Roundup

Kentucky: Dept. of Justice sues abortion clinic protester
LOUISVILLE, Ky. (AP) — A man arrested in January on a disorderly conduct charge after protesting at a Louisville abortion clinic is being sued by the federal government.

The Courier-Journal reports the Justice Department contends in its lawsuit that 26-year-old David Hamilton tried to intimidate women going into the clinic and used force against a volunteer escort.

The charge against Hamilton was dismissed in May after he completed eight hours of volunteer work at a church.

Hamilton told the newspaper he moved to Houston in July and that he was surprised by the lawsuit. He said he had tried to counsel women as they entered the clinic but never pushed or shoved anyone.

The lawsuit was filed Tuesday in U.S. District Court in Louisville. It seeks to have Hamilton prohibited from being within 8 feet of anyone obtaining or providing services at EMW Women’s Surgical Center.

Hamilton’s lawyer called the lawsuit “absolutely ludicrous.”

South Dakota: Trial date set for lawsuit over adult business
RAPID CITY, S.D. (AP) — A March 1 trial is scheduled in David Eliason’s lawsuit alleging violations of free speech and due process when he was denied permission to open an adult entertainment store in Sturgis.

City officials said the business did not comply with state statutes, primarily one requiring an adult-oriented business to be at least one-fourth of a mile from areas such as schools and churches.

Eliason challenges the constitutionality of state law and city ordinance regulating where the business can be located. He seeks unspecified damages from the city.

U.S. District Judge Jeffrey Viken said he will decide the constitutionality question. If Eliason prevails, Viken said the question of damages can be submitted to a jury.

Oregon: Couple sues over botched vasectomy
EUGENE, Ore. (AP) — A Eugene couple has sued a local doctor and medical group for $650,000 for a botched vasectomy.

The Eugene Register-Guard reports that Scott and Donnita Bassinger filed the suit this month, saying Dr. Stephen Schepergerdes and Oregon Medical Group should help with the expenses associated with Donnita Bassinger’s Cesarean delivery and with their son’s upbringing and college education.

They allege that Schepergerdes failed to inform the couple that he encountered complications when performing Scott Bassinger’s vasectomy in 2007, despite allegedly noting in his records that Bassinger’s tubes were thin and difficult to dissect.

New Jersey: Prayer goes on at town meeting despite ruling
POINT PLEASANT BEACH, N.J. (AP) — About a dozen citizens tried to defy a judge’s ruling Tuesday by reciting a prayer at a borough council meeting in this shore town.

On Dec. 17, a state judge struck down a resolution that allowed council members themselves to take turns leading prayers at the start of meetings.

Judge Vincent Grasso found the resolution unconstitutional. His ruling came in reaction to a lawsuit from filed in September by resident Sharon Brenner Cadalzo. She is Jewish and says the organized prayers violated her civil rights in the lawsuit, which was backed by the ACLU.

About 60 people attended Tuesday night’s meeting, and many said the ruling was a major concern.

Early in the meeting, about a dozen of them recited the Lord’s Prayer as council members watched.

After the prayer, several citizens urged the town to appeal the ruling, pointing out that Congress and state legislatures open their sessions with prayers.

But Borough Attorney Kevin Riordan said an appeal could be expensive. He said the ACLU already is seeking $40,000 from the borough in for legal expenses for the first round in courts.