Retired judge Patrick Kelly dies
Wichita ? Retired federal Judge Patrick Kelly, whose notable cases included barring abortion protesters from blocking clinic entrances and pushing Playtex to stop selling tampons linked to toxic shock syndrome, has died in Andover.
He was 78 when he died Friday, according to Lakeview Funeral Home. U.S. District Judge Wesley Brown said Kelly had cancer.
“He was really a very innovative and hardworking judge, and I considered him a friend,” Brown said Wednesday.
Kelly’s 16-year tenure on the federal bench ended in 1996. He is perhaps most well known for his role during the 1991 “Summer of Mercy” abortion protests in Wichita. Thousands of demonstrators were arrested during the 45-day event, which was organized by the anti-abortion group Operation Rescue.
The group’s founder, Randall Terry, dubbed Kelly a “Nazi judge” when Kelly ordered protesters to stop blocking the entrance of the clinic of Dr. George Tiller, one of the few physicians in the country to perform late-term abortions. Kelly also ordered U.S. marshals to provide security.
After he received death threats, the U.S. Marshals Service began providing Kelly round-the-clock protection.
The Court of Appeals struck down Kelly’s ruling on abortion protesters. But Congress affirmed Kelly’s intent by passing a law making it a federal crime to block clinic entrances.
Kelly was known for his sense of humor and kept a memento from the summer in his library, a sign from abortion protesters urging the public, “Don’t Re-elect Kelly.” Federal judges are appointed for life.
“But it took a toll on him, no question,” said Jim Harper, who worked as Kelly’s court reporter.
Kelly also played a key role in Playtex’s decision to remove the tampons linked to toxic shock syndrome from the market.
In 1985, a jury in Wichita ordered Playtex to pay $11.2 million in damages to the widower of a woman who died from toxic shock syndrome – the largest verdict ever in a toxic shock suit. Afterward, Kelly said he would lower part of the payment if the company removed the tampons from the market.
Playtex took the tampons off the market, even though Kelly’s ruling to lower the award was reversed.
“He was very innovative and courageous,” said Mark Hutton, who helped win the case against Playtex. “And he sent a message that traveled all the way back to the company’s board of directors – and they listened.”
Kelly was buried Monday after a private family service. Kelly is survived by his wife, Joan.




