UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
ARCHIE BROWN, Defendant
C.A. No. 3:97-CV-1423-R
CONSENT DECREE
I. INTRODUCTION
A. This civil action was instituted by the United States of
America, Plaintiff, on June 13, 1997, pursuant to the Freedom of
Access to Clinic Entrances Act of 1994, 18 U.S.C. § 248 (the
"Access Act").
B. Defendant Archie Brown, an individual residing within
the jurisdiction of this Court, was sued for engaging in conduct
prohibited by the Access Act at Routh Street Women's Center
("RSWC"), a location also within the jurisdiction of this Court.
C. This Court has subject-matter jurisdiction over this
action pursuant to 28 U.S.C. § 1345 and 18 U.S.C. § 248(c)(2).
D. Venue is appropriate pursuant to 28 U.S.C. § 1391(b)(1)
and (b)(2).
E. In entering into this Consent Decree, Defendant Brown
does not admit any violation of law, and this Consent Decree may
not be used as evidence of liability under the Access Act.
F. Any violation of the provisions of this Consent Decree
does not create a private right of action. This Consent Decree
is enforceable only by the Parties.
G. By the terms of this Consent Decree, the Parties have
reached a full and complete settlement of the claims and issues
raised in this case. The provisions set forth below in this
Consent Decree will remain in full force and effect and be
enforceable by the Court regardless of the outcome of any
prospective litigation involving any non-parties.
H. The provisions of this Consent Decree are a lawful,
fair, and reasonable resolution of the claims and issues raised
in this case.
II. DEFINITIONS
As used in this Consent Decree, the following definitions
shall apply:
A. "Interfere with" means to restrict a person's freedom of
movement.
B. "Intimidate" means to place a person in reasonable
apprehension of bodily harm to himself or herself, or to another.
C. "Reproductive health services" means reproductive health
services provided in a hospital, clinic, physician's office, or
other facility, and includes medical, surgical, counselling, or
referral services relating to the human reproductive system,
including services relating to pregnancy or the termination of
pregnancy.
D. "RSWC" means the Routh Street Women's Center, located at
4321 North Central Expressway, Dallas, Texas.
E. References to Defendant Brown include any person acting
as his agent or employee.
III. OBLIGATIONS AND RESPONSIBILITIES
Defendant Brown is permanently enjoined from committing any
or all of the following acts and from aiding, abetting, directing
or inciting others to commit any of the following acts:
A. Using force or threats of force to interfere with or
intimidate employees or patients of RSWC, in violation of the
Access Act;
B. Intentionally damaging or destroying RSWC, or attempting
to do so, in violation of the Access Act;
C. Being physically located within 50 feet of RSWC's
property line; and
D. Engaging in conduct that violates the Access Act
anywhere.
IV. ENFORCEMENT
A. The Court shall retain jurisdiction under this Consent
Decree and may order such relief as necessary to ensure full
compliance by Defendant Brown.
B. The United States may seek enforcement of this Consent
Decree or any other appropriate legal remedy from the Court, at
any time, in the event that the United States determines that
Defendant Brown has failed to comply with any provision of the
Consent Decree.
C. The Parties reserve the right to withdraw their consent
to this agreement in the event that this Consent Decree is not
approved by the Court in its entirety.
AGREED TO BY PLAINTIFF THE UNITED STATES OF AMERICA:
September ___, 1997
JANET RENO, Attorney General of the United States
PAUL E. COGGINS ISABELLE KATZ PINZLER
United States Attorney Acting Assistant Attorney General
Northern District of Civil Rights Division
Texas
STEVEN H. ROSENBAUM, Chief, Special Litigation Section, Civil Rights Division
MELLIE H. NELSON, Deputy Chief, Special Litigation Section
__________________________
MARY ANN KILGO
Texas Bar No. 14360400
Assistant U.S. Attorney
1100 Commerce Street
Third Floor
Dallas, TX 75242-1699
(214) 767-8781
PAMELA K. CHEN, Trial Attorney, Special Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 514-6261
AGREED TO BY DEFENDANT ARCHIE BROWN:
__________________________ September ___, 1997.
ARCHIE BROWN
AGREED TO BY COUNSEL FOR DEFENDANT ARCHIE BROWN:
__________________________ September ___, 1997.
Douglas D. Fletcher, Esq.
State Bar No. 07139500
Fletcher & Springer, L.L.P.
9400 North Central Expressway
Suite 1400
Dallas, Texas 75231
214/987-9600
Updated July 25, 2008