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1 Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 1 of 31 Page ID #:1. 1 DENISE M. HARLE, GA BAR NO. 176758. 2 ALLIANCE DEFENDING FREEDOM. 1000 Hurricane Shoals Road NE, Suite D-1100. 3 Lawrenceville, Georgia 30043. 4 (770) 339-0774. (770) 339-6744 FAX. 5. KEVIN H. THERIOT, AZ Bar No. 30446*. 6 ALLIANCE DEFENDING FREEDOM. 7. 15100 N. 90th Street 8 Scottsdale, AZ 85260. (480) 444-0020. 9 (480) 444-0028 Fax 10 CATHERINE SHORT, CA Bar No. 117442. 11 LIFE LEGAL DEFENSE FOUNDATION. PO Box 1313. 12. Ojai, CA 93024. 13 (707) 337-6880. 14. Attorneys for Plaintiffs 15 *Application for Admission Pro Hac Vice forthcoming 16 UNITED STATES DISTRICT COURT. CENTRAL DISTRICT OF california . 17. 18. 19. 20. 21. 22. 23. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 2 of 31 Page ID #:2. 1 CHRISTIAN MEDICAL & Case No. DENTAL ASSOCIATIONS and 2 LESLEE COCHRANE, , 3 Plaintiffs, VERIFIED COMPLAINT FOR. v. INJUNCTIVE AND. 4. ROB BONTA, in his official capacity DECLARATORY RELIEF AND.

2 5 as Attorney General of the State of ATTORNEYS' FEES AND COSTS. california ; TOM S J. ARAG N, 6 , DR. , in his official capacity as the Director of the 7. california department of public 8 health and as the State public health Officer; and KRISTINA D. 9 LAWSON, , RANDY W. HAWKINS, , LAURIE ROSE. 10 LUBIANO, , RYAN BROOKS, ALEJANDRA CAMPOVERDI, 11. DEV. GNANADEV, , JAMES. 12 M. HEALZER, , ASIF. MAHMOOD, , DAVID RYU, 13 RICHARD E. THORP, , ESERICK WATKINS, AND FELIX. 14 C. YIP, , in their official capacities as members of the Medical 15. Board of california , 16 Defendants. 17 Plaintiffs Christian Medical & Dental Associations and Leslee Cochrane, 18 , by and through counsel, and for their Verified Complaint against the 19 Defendant, hereby state as follows: 20 1. Despite historical condemnations of physician involvement in suicide, in 21 2015 california passed the End of Life Options Act, which legalized physician- 22 assisted suicide. See CAL. health & SAFETY CODE 443.

3 23. 1. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 3 of 31 Page ID #:3. 1 2. Despite the medical-ethics consensus that, even where the practice is 2 allowed, no physician should be forced to participate in assisted suicide, the State of 3 california recently eliminated important safeguards from the End of Life Options 4 Act and now forces conscientious physicians to participate in assisted suicide in 5 several ways. 6 3. Plaintiff Christian Medical & Dental Associations ( CMDA ), a national 7 association of conscientious Christian health care professionals whose personal 8 religious convictions and professional ethics oppose the practice of assisted suicide, 9 brings this action on behalf of its members, and Plaintiff Leslee Cochrane, , a 10 CMDA member, brings this action on behalf of himself. ( CMDA includes 11 individual Plaintiff Dr. Cochrane throughout this Complaint, unless otherwise 12 indicated). 13 4. Plaintiffs challenge the operation of SB 380 to force them to participate in 14 assisted suicide.

4 15 JURISDICTION AND VENUE. 16 5. This action arises under the Constitution and laws of the United States. The 17 Court has subject-matter jurisdiction pursuant to the Civil Rights Act, 42 . 18 1983, and 28 1331 (federal question), and it has jurisdiction to render 19 declaratory and injunctive relief under 28 2201 and 2202 and Fed. R. Civ. 20 P. 65, and to award reasonable attorneys' fees and costs under the Civil Rights Act, 21 42 1988. 22 6. Venue lies in this district pursuant to 28 1391 because the 23 california government and its agencies are citizens of every district in california . 2. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 4 of 31 Page ID #:4. 1 PLAINTIFFS. 2 7. Plaintiff CMDA is a national nonprofit organization, headquartered in 3 Tennessee, of Christian physicians and allied health care professionals, with about 4 16,000 members nationally. CMDA members include california -licensed 5 physicians, including Leslee Cochrane, 6 8. CMDA sues on behalf of its california members.

5 7 9. CMDA members seek to live out their Christian beliefs in their practice of 8 health care, including their belief in the sanctity of human life. It would violate their 9 consciences to participate in assisted suicide in any way. 10 10. CMDA members in california include physicians who work in the hospice 11 setting or specialize in oncology, who frequently treat patients with terminal 12 diseases, and physicians in specialties including cardiology, internal medicine, and 13 family medicine, who occasionally treat patients with terminal diseases. 14 11. Over 90% of CMDA members would rather stop practicing medicine than 15 be forced to participate in assisted suicide or other practices in violation of their 16 consciences. 17 12. Dr. Leslee Cochrane is a CMDA member and full-time hospice physician in 18 california , who is board certified in family medicine with a certificate of additional 19 qualification in hospice and palliative medicine. 20 13.

6 He seeks to live out his Christian beliefs in his practice of health care, 21 including his belief in the sanctity of human life. It would violate his conscience to 22 participate in assisted suicide in any way. 23. 3. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 5 of 31 Page ID #:5. 1 14. In his job as a full-time hospice physician, Dr. Cochrane sees terminally ill 2 patients on a daily basis and is required to engage in discussions with terminally ill 3 patients regarding their diagnosis, prognosis, and treatment options. 4 15. Dr. Cochrane works in a hospice that does not provide assisted suicide, but 5 which serves all patients, regardless of whether the patient chooses to obtain assisted 6 suicide drugs from an outside physician, and regardless of whether the patient 7 ultimately chooses to ingest the assisted suicide drugs. Dr. Cochrane and the other 8 physicians in his hospice will not, however, affirmatively participate in assisted 9 suicide in any way.

7 10 16. In his role as a full-time hospice physician, Dr. Cochrane has witnessed 11 firsthand that terminally ill patients experiencing severe pain can have very dramatic 12 changes in disposition once their pain is controlled. 13 17. In his role as a full-time hospice physician, Dr. Cochrane has witnessed 14 firsthand that terminally ill patients can experience physical, mental, or emotional 15 distress that is temporary in nature, yet which lasts longer than two days. 16 18. In his role as a full-time hospice physician, Dr. Cochrane has witnessed 17 firsthand that terminally ill patients can experience mental, emotional, and spiritual 18 exhaustion that leaves them vulnerable to being easily manipulated by family 19 members into a course of action that the family members want for the patient, even 20 if it is contrary to the patient's own desires. 21 19. In his role as a full-time hospice physician, Dr. Cochrane has observed at 22 least one case where a patient had questionable mental capacity, yet the patient's 23.

8 4. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 6 of 31 Page ID #:6. 1 family members were strongly pressuring the patient to go through with assisted 2 suicide. 3 20. In addition to his strongly held religious beliefs that assisted suicide is 4 morally unacceptable, Dr. Cochrane also asserts that participating in assisted suicide 5 in any way would be contrary to his best medical professional judgment and medical 6 ethics. 7 21. If Dr. Cochrane is forced to participate in assisted suicide in violation of his 8 conscience, he would leave the profession or relocate from the State of california . 9 DEFENDANTS. 10 22. Defendant Rob Bonta is a citizen of california and the Attorney General of 11 california . His authority is delegated to him by Article V, section 13 of the 12 california Constitution. Bonta is sued in his official capacity as california Attorney 13 General. 14 23. Defendant Bonta is authorized to enforce the laws of the state of california , 15 including the End of Life Options Act.

9 16 24. Defendant Tom s J. Arag n, , Dr. , is a citizen of california and 17 serves as the Director of the california department of public health and as the State 18 public health Officer. He is appointed by the Governor and his authority is delegated 19 to him by CAL. health & SAFETY CODE 131005. He is sued in his official capacity 20 as the Director of the california department of public health and the State public 21 health Officer. 22. 23. 5. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 7 of 31 Page ID #:7. 1 25. Defendant Arag n is empowered to enforce california laws, regulations, 2 and professional standards relating to the practice of medicine, including the End of 3 Life Options Act. 4 26. Defendants Kristina D. Lawson, ; Randy W. Hawkins, , Laurie 5 Rose Lubiano, ; Ryan Brooks; Alejandra Campoverdi; Dev GnanaDev, ;. 6 James M. Healzer, ; Asif Mahmood, ; David Ryu; Richard E. Thorp, 7 ; Eserick Watkins; and Felix C. Yip, , are citizens of california and 8 members of the Medical Board of california and are sued in their official capacity 9 as such.

10 10 27. These members of the Medical Board of california are empowered to 11 enforce california laws, regulations, and professional standards relating to the 12 practice of medicine, including the End of Life Options Act. 13 FACTUAL BACKGROUND. 14 28. For 2,500 years the medical profession has forbidden doctors from giving 15 patients lethal drugs. Society relies on this prohibition and trusts physicians to be 16 healers when that is possible, and to provide comfort when healing is no longer 17 possible. 18 29. In the last 30 to 40 years, hospice and palliative care organizations within 19 medicine and in the community have sought and promoted greater control over the 20 physical, psychological, social, and spiritual distresses that so often affect 21 individuals approaching death and their families. The common goal is life with 22 dignity until natural death occurs. 23. 6. Case 8:22-cv-00274 Document 1 Filed 02/22/22 Page 8 of 31 Page ID #:8. 1 30.