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9th Circuit rules $108M punitive award for intimidating abortion doctors is excessive

By USA, Lawyers Weekly
Publication: Lawyer's Weekly USA
Date: Monday, September 26 2005

A $108 million punitive award for intimidating abortion doctors violated the defendant's due process rights in light of a $530,000 compensatory damages award, the 9th Circuit has ruled.

Two clinics and four individual physicians sued a variety of anti- abortion protestors, alleging they

violated the Freedom of Access to Clinic Entrances Act and the Racketeer Influenced and Corrupt Organizations Act by engaging in a campaign of terror and intimidation.

The defendants had created Nuremburg Files scorecards of the plaintiffs' activities, and guilty posters with the plaintiffs' photographs and personal information after similar wanted posters resulted in the murders of other doctors who performed abortions.

A jury awarded a total of $530,000 in compensatory damages and $108 million in punitive damages.

The defendants appealed, arguing that the punitive award was grossly excessive.

The 9th Circuit reduced the damages.

First, it found that the defendants' conduct was reprehensible enough to merit some quantity of punitives.

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