United States v. Gregg

226 F.3d 253, 2000 U.S. App. LEXIS 22604
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 7, 2000
Docket99-5079, 99-5124 and 99-5205
StatusUnknown
Cited by10 cases

This text of 226 F.3d 253 (United States v. Gregg) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Gregg, 226 F.3d 253, 2000 U.S. App. LEXIS 22604 (3d Cir. 2000).

Opinions

OPINION OF THE COURT

OAKES, Circuit Judge.

In this case, the United States appeals the decision of the District Court for the District of New Jersey (John C. Lifland, Judge) that the defendants are jointly and severally liable, rather than individually liable, for statutory damages of $5,000 “per violation” of the Freedom of Access to Clinic Entrances Act (“FACE” or “the [256]*256Act”), 18 U.S.C. § 248 (2000). Several defendants filed cross appeals, arguing that FACE is a violation of Congress’s authority under the U.S. Constitution’s Commerce Clause and of the First Amendment. We conclude that damages under FACE are properly awarded jointly and severally among defendants and that FACE is constitutional. Accordingly, we affirm the district court.

BACKGROUND

On April 18, 1997, the United States, through the United States Attorney General, filed a complaint for injunctive relief and statutory damages against thirty defendants 1 who, the Attorney General alleged, were an ongoing threat to the Metropolitan Medical Associates (“MMA”), a reproductive health clinic in Englewood, New Jersey, its employees and persons seeking reproductive health services at MMA. Specifically, the Attorney General alleged that each defendant participated in one, two, or three protests that obstructed access to MMA in violation of FACE. In the prayer for relief in the Complaint, the Attorney General elected to pursue statutory damages of $5,000 per defendant in lieu of proving actual damages to MMA.

The district court held an evidentiary hearing on July 8-10, 1997, on the Attorney General’s motion for a preliminary injunction. The evidence at the hearing demonstrated that five of the named defendants blocked access to MMA on August 7, 1996, twelve of the named defendants blocked access to MMA on January 18, 1997, and nineteen of the named defendants blocked access to MMA on March 15, 1997. Accordingly, on December 22, 1997, the district court enjoined defendants and their employees, agents, and others acting in concert with them, from blocking and impeding access to MMA, intimidating or attempting to intimidate or interfere with persons seeking access to MMA, and entering or being on MMA premises.

After the preliminary injunction was granted, the parties informed the district court that they disagreed over the proper interpretation of the civil remedies available under FACE. At the district court’s request, the parties submitted briefs addressed to the proper interpretation of statutory damages under FACE. On June 18, 1998, after considering the parties’ pleadings, the district court issued a memorandum wherein, rejecting the Attorney General’s argument that statutory damages should be assessed on each defendant per violation, it concluded that the $5,000 statutory damages were to be assessed per violation and that all defendants who participated in each violation would be held jointly and severally liable for $5,000.

On December 11,1998, the district court granted the Attorney General’s motion for summary judgment and issued a Memorandum and Order Entering Final Judgment. See United States v. Gregg, 32 F.Supp.2d 151 (D.N.J.1998). The district court found that the defendants violated FACE when they conducted the three blockades. See id. at 153-58. The district court determined that Congress intended statutory damages of $5,000 to be assessed per violation and against all responsible persons severally. See id. at 160-61. Accordingly, the defendants were held jointly and severally liable for $5,000 in statutory damages for each violation in which they participated. See id. at 161 (holding five [257]*257defendants jointly and severally liable for the August 7 blockade, twelve defendants jointly and severally bable for the January 18 blockade, and eighteen defendants jointly and severaby liable for the March 15 blockade).

The Attorney General timely appealed the district court’s decision and eight of the defendants2 cross appealed. The Attorney General appeals that portion of the district court’s decision that imposed the statutory damages jointly and severally. Defendants do not dispute the district court’s findings that they violated FACE. Rather, Defendants contend that the Attorney General does not, under FACE, have the authority to elect statutory damages in lieu of proof of actual damages. In addition, they argue that FACE is an unconstitutional exercise of Congress’s commerce power and that it violates defendants’ rights guaranteed under the First Amendment of the Constitution.

DISCUSSION

We review the district court’s award of summary judgment de novo. See Figueroa v. Blackburn, 208. F.3d 435, 439 (3d Cir.2000).

I.

The task of resolving how statutory penalties are to be awarded under FACE is a question of statutory interpretation which begins by discerning the plain meaning of FACE’S statutory penalty provision. If Congress’s intent as to this issue is plain, referral to other canons of statutory construction is unnecessary. See Resolution Trust Corp. v. Nemberg, 3 F.3d 62, 64 (3d Cir.1993); Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984) (“If the intent of Congress is clear, that is the end of the matter[.]”).

To determine a law’s plain meaning, we begin with the language of the statute. See United States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 241, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989); New Rock Asset Partners v. Preferred Entity Advancements, 101 F.3d 1492, 1498 (3d Cir.1996); Santa Fe Medical Services, Inc. v. Segal (In re Segal), 57 F.3d 342, 345 (3d Cir.1995). If the language of the statute expresses Congress’s intent with sufficient precision, the inquiry ends there and the statute Is enforced according to its terms. See Ron Pair Enterprises, Inc., 489 U.S. at 241, 109 S.Ct. 1026. Where the statutory language does 'not express Congress’s intent unequivocally, a court traditionaby refers to the legislative history and the atmosphere in which the statute was enacted in an attempt to determine the congressional purpose. See New Rock, 101 F.3d at 1498. Once the plain meaning of the statute is determined, it is conclusive “except in rare cases in which the literal application of a statute will produce a result demonstrably at odds with the intentions of its drafters.” Id. (quoting Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 571, 102 S.Ct. 3245, 73 L.Ed.2d 973 (1982)).

Section 248(a) of FACE, in relevant part, provides:

(a) Prohibited Activities. — Whoever—
(1) by force or threat of force or by physical obstruction, intentionally injures, intimidates, or interferes with or attempts to injure, intimidate, or interfere with any person because that person is or has been, or in order to intimidate such person or any other person or any class of persons from, obtaining or providing reproductive health services

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226 F.3d 253, 2000 U.S. App. LEXIS 22604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-gregg-ca3-2000.