New York State National Organization for Women v. Terry
United States Court of Appeals for the Second Circuit
159 F.3d 86 (2d Cir. 1998)
New York State National Organization for Women (NOW) (plaintiff) obtained a temporary restraining order and later a permanent injunction against Terry and other anti-abortion protesters (defendants) barring them from blocking access to abortion clinics or harassing staff and patients, which included coercive fines of $25,000 per daily violation. When the defendants repeatedly violated the orders and continued protesting, the court imposed the fines; on remand after several appeals on the fines issue, the trial court modified the injunction to add a purge clause, letting the defendants avoid the fines by complying going forward and publishing a letter affirming their intent to comply. The defendants appealed again, arguing the fines were criminal in nature and required greater procedural protections.
Whether large coercive fines imposed for violating an injunction are civil or criminal in nature when a purge clause allows the contemnors to avoid payment through future compliance.