PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MEREDITH T. RANEY, JR.,
Plaintiff,
v.
AWARE WOMAN CENTER
FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR., and
PATRICIA B. WINDLE
Defendants.

CASE NO.: 97-1197-CV-ORL-19B

PLAINTIFF'S DISPOSITIVE MOTION FOR SUMMARY JUDGMENT AGAINST ALL DEFENDANTS

The Plaintiff, Meredith T. Raney, by and through his undersigned attorney, hereby moves for summary judgment against all of the Defendants, saying:

1. Plaintiff is entitled to a summary judgment pursuant to Rule 56 of Federal Rules of Civil Procedure as to the issue of liability because the pleadings, affidavit, supporting memorandum and other papers filed in this cause show that there is no genuine issue as to any material facts and also that Plaintiff is entitled to judgment as a matter of law for the statutory damages sought for each of the three violations of 18 USCA §248 (FACE).

2. The undisputed facts of this case show:

(a) Meredith T: Raney, Jr. was at all times specified in the Complaint a person protected by 18 USCA §248 (FACE).

(b) the place in question, at all times specified in the Complaint, was protected by 18 USCA §248 (FACE).

(c) the rights of Meredith T. Raney, Jr. were violated by Defendants in all three instances specified in the Complaint according to 18 USCA §248 (FACE).

3. Statutory damages have been elected by Plaintiff, in lieu of actual damages.

4. Punitive damages, attorney's fees and costs will be determined at a later time.

WHEREFORE, Plaintiff, Meredith T. Raney, Jr. hereby requests Summary Judgment against all Defendants on the issue of liability and the award of statutory damages for all three instances where his rights under FACE were violated.

Respectfully submitted,
Christopher F. Sapp <signed>
PO Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar No. 0097823
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Roy Lucas, Esquire, Post Office Box 1433, Melbourne, Florida 32902, Susan England, Esquire, 2805 Lakeview Drive, Fern Park, Florida 32730 and to Lawrence M. Siff, Esquire, O'Connor & Meyers, PA, 2801 Ponce de Leon Blvd., 9th Floor, (Coral Gables) Miami, Florida 33134 this 15th day of October, 1998.

Christopher F. Sapp <signed>
Attorney