Civil remedies — Attorney's fees

1. Law
2. Arkansas Code
3. Public Health and Welfare
4. Health and Safety
5. Reproductive Health
6. Arkansas Unborn Child Protection from Dismemberment Abortion Act
7. Civil remedies — Attorney's fees

1. (a)

   1. (1) A cause of action for injunctive relief against a person who has purposely violated this subchapter may be maintained by:

      1. (A) The woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter;

      2. (B) A person who is the spouse, parent, or legal guardian of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter; or

      3. (C) A current or former licensed healthcare provider of the woman who receives or attempted to receive a dismemberment abortion in violation of this subchapter.

   2. (2) The injunction shall prevent the abortion provider from performing or attempting to perform further dismemberment abortions in violation of this subchapter.

2. (b)

   1. (1) A cause of action for civil damages against a person who has purposely violated this subchapter may be maintained by:

      1. (A) The woman who receives a dismemberment abortion in violation of this subchapter;

      2. (B) The father of the unborn child, if the father is married to the woman at the time the dismemberment abortion was performed in violation of this subchapter; or

      3. (C) If the woman who received a dismemberment abortion in violation of this subchapter is a minor or has died as a result of the dismemberment abortion, the parents or legal guardians of the woman who received a dismemberment abortion in violation of this subchapter.

   2. (2) Civil damages shall not be awarded to a plaintiff if the pregnancy resulted from the criminal conduct of the plaintiff.

   3. (3) Civil damages shall include:

      1. (A) Monetary damages for psychological injuries and physical injuries associated with the dismemberment abortion; and

      2. (B) Statutory damages equal to three (3) times the cost of the dismemberment abortion.

3. (c)

   1. (1) If judgment is rendered in favor of the plaintiff, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.

   2. (2) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

   3. (3) A reasonable attorney's fee shall not be assessed against the woman who received a dismemberment abortion.

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