Planned Parenthood of the Columbia/Willamette Inc. v. American Coalition of Life Activists

American Coalition of Life Activists and thirteen others (collectively, ACLA) 1 appeal the decision of the district court on remand that the $108.5 million in punitive damages awarded by a jury in 1999 for violations of the Freedom of Access to Clinic Entrances Act (FACE), 18 U.S.C. § 248 , comports with due process. Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists, 300 F.Supp.2d 1055 (D.Or.2004) (PPCW VII ). 2 We disagree, and remit to an amount for each defendant to pay to each plaintiff that does not exceed the constitutional limit. ACLA also raises a number of issues that pertain to the liability judgment, which the rule of the mandate precludes us from considering.

I

On October 26, 1995, four individual physicians and two clinics 3 brought an action against ACLA for violating or conspiring to violate FACE 4 and the Racketeer Influenced and Corrupt Organizations Act *952 (RICO), 18 U.S.C. §§ 1961-1968 . The facts are fully described in the district court’s post-trial opinion, PPCW III, 41 F.Supp.2d at 1131-53, and our en banc opinion, PPCW V, 290 F.3d at 1063-1066. In sum, physicians alleged that ACLA had engaged in “a campaign of…