Smith v. Hartigan

556 F.Supp. 157 (1983)

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Nature of the Case

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Facts

Ps were upset over the provision of an in vitro statute that could possibly create custodial liability for the medical professionals who performed the procedures for any consenting adults. P initiated a class action and wanted the statute declared unconstitutional because it violated the first, fourth, ninth, and fourteenth amendments. The Illinois Attorney General, Hartigan (D) opposed this suit on the grounds that his department had issued an opinion at to P's interpretation which precluded their version of enforcement and basically no custodial liability was incurred by the medical professionals performing the procedure.