Lucero v. Trosch

ORDER

BUTLER, Chief Judge.

This matter is before the court on the defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. After careful consideration of the arguments raised by both parties in their briefs, the court finds that the motion is due to be GRANTED in part, and DENIED in part.

I. Factual Background 1

Plaintiff Bruce Lucero, M.D. (“Lucero”) is a physician who provides reproductive health services, including abortions, at the New Woman All Women Health Care Clinic in Birmingham, Alabama. On October 5, 1994, Lucero and defendant Fr. David…