Judge Dismisses Father’s Lawsuit Against Alabama Abortion Facility That Killed His Unborn Child

HUNTSVILLE, Ala. — A county circuit judge has dismissed a lawsuit filed by an Alabama teenager who sued the abortion facility that killed his son or daughter despite his wishes that his girlfriend keep the baby.

“[T]he court finds that Plaintiff’s asserted claims for punitive money damages are not cognizable under Alabama law, including the Alabama Wrongful Death Act,” Madison County Circuit Judge Chris Comer wrote, according to AL.com.

Comer ruled that 19-year-old Ryan Magers didn’t show that Alabama Women’s Center for Reproductive Alternatives in Huntsville had broken any law in performing the abortion, nor did he show personal injury. He also concluded that federal and state law protects abortion facilities from such legal action.

The abortion facility had filed a motion for Comer to dismiss the case, arguing that the abortion was legal and it had done nothing wrong.

“I’m here for the men who actually want to have their baby,” Mager told local television station WAAY earlier this year. “I believe every child from conception is a baby and deserves to live.”

As previously reported, Magers says that in February 2017, his girlfriend, who was six weeks pregnant, obtained the abortion despite his pleadings. He sued Alabama Women’s Center for Reproductive Alternatives in his own capacity as father, but also later filed a petition that requested that he be permitted to represent the baby’s estate.

“Comes now Plaintiff, Ryan Magers, in his individual capacity and as the next friend of, personal representative of the estate of, and/or father of his deceased child (hereinafter referred to as “Baby Roe”), and files this complaint against the above-specified defendants,” the lawsuit read in part.

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In March, Madison County probate Judge Frank Barger allowed Magers to represent the estate of the child, known only as “Baby Roe,” which also placed the infant on the lawsuit as co-plaintiff. It was believed to be first time that an aborted baby was able to be recognized as a person in suing those who took his or her life.

Magers additionally cited as a defendant the pharmaceutical company that manufactured the pill his girlfriend ingested to kill the baby — although the name of the company was not yet known.

“Baby Roe’s innocent life was taken by the profiteering of the Alabama Women’s Center and while no court will be able to bring Baby Roe back to life, we will seek the fullest extent of justice on behalf of Baby Roe and Baby Roe’s father,” Magers’ attorney, Brent Helms, said at the time the suit was filed.

“The time is ripe for consistency in Alabama’s jurisprudence: either we fully acknowledge the personhood of the unborn or we cherry pick which innocents we protect and which ones we trash for profit,” he declared.

Proverbs 24:11-12 states, “If thou forbear to deliver them that are drawn unto death, and those that are ready to be slain, if thou sayest, ‘Behold, we knew it not,’ doth not He that pondereth the heart consider it? And He that keepeth thy soul, doth not He know it? And shall not He render to every man according to his works?”

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