28-3,109 Action for damages; action for injunctive relief; attorney's fees.
28-3,109. Action for damages; action for injunctiverelief; attorney's fees.(1) Any woman upon whom an abortion has been performed inviolation of the Pain-Capable Unborn Child Protection Act or the father ofthe unborn child who was the subject of such an abortion may maintain an actionagainst the person who performed the abortion in an intentional or a recklessviolation of the Pain-Capable Unborn Child Protection Act for actual damages.Any woman upon whom an abortion has been attempted in violation of the Pain-CapableUnborn Child Protection Act may maintain an action against the person whoattempted to perform the abortion in an intentional or a reckless violationof the Pain-Capable Unborn Child Protection Act for actual damages.(2) A causeof action for injunctive relief against any person who has intentionally violatedthe Pain-Capable Unborn Child Protection Act may be maintained by the womanupon whom an abortion was performed or attempted to be performed in violationof the Pain-Capable Unborn Child Protection Act, by any person who is thespouse, parent, sibling, or guardian of, or a current or former licensed healthcare provider of, the woman upon whom an abortion has been performed or attemptedto be performed in violation of the Pain-Capable Unborn Child Protection Act,by a county attorney with appropriate jurisdiction, or by the Attorney General.The injunction shall prevent the abortion provider from performing furtherabortions in violation of the Pain-Capable Unborn Child Protection Act inthis state.(3) If judgment is rendered in favor of the plaintiff in an actiondescribed in this section, the court shall also render judgment for reasonableattorney's fees in favor of the plaintiff against the defendant.(4) If judgmentis rendered in favor of the defendant and the court finds that the plaintiff'ssuit was frivolous and brought in bad faith, the court shall also render judgmentfor reasonable attorney's fees in favor of the defendant against the plaintiff.(5) No damagesor attorney's fees may be assessed against the woman upon whom an abortionwas performed or attempted to be performed except as provided in subsection(4) of this section. SourceLaws 2010, LB1103, § 8.Operative Date: October 15, 2010