Contention brews in ongoing Indiana abortion ban lawsuit over confidential documents
A three-day bench trial scheduled for later this month will put Hoosier abortion providers and the state attorney general’s office back in court as the battle over Indiana’s near-total abortion ban continues. A Monroe County judge will hear arguments later this month over a request from Indiana abortion providers to issue an injunction against the state's near-total abortion ban. The special judge in the case has yet to rule over whether the documents in question should be permanently exempt from public view.
Legal Background and New Injunctions
The matter stems from an amended complaint filed in November by the American Civil Liberties Union of Indiana on behalf of Indiana’s Planned Parenthood, Women’s Med Group, All-Options Pregnancy Resource Center and obstetrician-gynecologist Dr. Amy Caldwell. The Indiana Supreme Court upheld the ban in June 2023, but said Hoosiers could still sue over specific parts of the ban or concrete examples of its consequences. With the door left open for additional litigation, the plaintiffs are now seeking new injunctions against health and hospital clauses in the state abortion law which they argue are overly narrow or unnecessary.
The Conflict Over Confidential Material
Already in contention, however, is whether certain testimony and internal hospital documents entered as exhibits in the case should become public. Attorneys for the abortion providers, along with those for Eskenazi Health — which is not a party in the case — maintain that dissemination of those confidential materials will create a “significant risk of substantial harm” to the hospital, as well as patients who received abortion care. In February, Special Judge Kelsey Blake Hanlon laid out parameters for confidential discovery and exhibits, including those containing health-related details, information protected by physician-patient privilege, or other information “that may cause harm” to those involved.
The special judge presiding over the case has so far ordered temporary exclusion of some documents from public view, but it’s not yet clear if they’ll be presented at trial, slated for May 29-31 in Monroe County. Information designated as “confidential” can only be accessed or reviewed by the judge and court staff, the named parties and their counsel, and experts who sign confidentiality agreements. However, Eskenazi attorneys pushed back, saying in an April 11 filing that the court should “permanently exclude” the confidential documents from public access.
Exhibits and Sensitive Data
The Indiana Attorney General’s Office, representing defendants in the lawsuit, filed its list of exhibits in March, including six to be kept from public view. Regarding these materials, the following data highlights the specific documents under dispute:
| Document Category | Description of Confidential Content |
|---|---|
| Depositions | Depositions of Caldwell, the Indianapolis OB-GYN, and Indiana Planned Parenthood COO Sharon Dudash. |
| Internal Policies | An IU Health/Eskenazi Health “Complex Family Planning Care” document and IU Health internal documents relating to abortion-related policies and practices. |
| Patient & Business Info | Exhibit pieces containing “sensitive, non-public information concerning patients who either received or sought abortion care” and “confidential and proprietary business information.” |
Shortly after the initial filings, ACLU of Indiana counsel, on behalf of the plaintiffs, additionally requested several other exhibits be permanently excluded. These include documents that contain “sensitive, non-public information about Dr. Caldwell” and Indiana Planned Parenthood’s abortion practice prior to the near-total ban going into effect. Other document excerpts include confidential information about specific individuals affiliated with Planned Parenthood and AllOptions, as well as “confidential and proprietary business information.”