Norton v. Rocky Mountain Planned Parenthood, Inc.

Citations

• 2018 CO 3
• 409 P.3d 331

Syllabus

Constitutional Law—Colo. Const. Art. V, § 50—Motion to Dismiss. In this case, the Supreme Court considered whether petitioner's complaint alleged a violation of article V, section 50 of the Colorado Constitution sufficient to overcome a motion to dismiss. The Court held that to state a claim for relief under section 50, a complaint must allege that the state made a payment to a person or entity—whether directly to that person or entity, or indirectly through an intermediary—for the purpose of compensating them for performing an abortion and that such an abortion was actually performed. Because petitioner's complaint did not allege that the state made such a payment, the complaint failed to state a claim for relief under CRCP 12(b)(5). Accordingly, the Court affirmed the judgment of the Court of Appeals. In this case, the Supreme Court considered whether petitioner's complaint alleged a violation of article V, section 50 of the Colorado Constitution sufficient to overcome a motion to dismiss. The Court held that to state a claim for relief under section 50, a complaint must allege that the state made a payment to a person or entity—whether directly to that person or entity, or indirectly through an intermediary—for the purpose of compensating them for performing an abortion and that such an abortion was actually performed. Because petitioner's complaint did not allege that the state made such a payment, the complaint failed to state a claim for relief under CRCP 12(b)(5). Accordingly, the Court affirmed the judgment of the Court of Appeals.