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Alabama Supreme Court affirms dismissal of Madison County abortion lawsuit

Judge to decide whether or not a lawsuit against a Huntsville abortion clinic gets thrown out.
Judge to decide whether or not a lawsuit against a Huntsville abortion clinic gets thrown out.(Source: WAFF)
Updated: Oct. 30, 2020 at 12:32 PM CDT
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HUNTSVILLE, Ala. (WAFF) - The Alabama Supreme Court upheld the dismissal of a lawsuit against Alabama’s Women Center in Huntsville.

The wrongful death lawsuit was filed by Ryan Magers on behalf of his unborn child “baby roe” that was aborted at the clinic in 2017.

It was dismissed by a Madison County Judge in 2019 but was appealed to Alabama’s Supreme Court.

Friday the State Supreme Court affirmed the Madison County ruling dismissing the lawsuit.

Madison County Judge Chris Comer originally dismissed the lawsuit by ruling that Magers didn’t have a personal claim against the clinic, didn’t allege that anything illegal had taken place there, and because state and federal law protected the clinic from lawsuits of this nature.

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