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Arkansas Code Title 20. Public Health and Welfare § 20-16-1408. Civil remedies

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) A woman upon whom an abortion has been performed in violation of this subchapter or the father of the unborn child who was the subject of an abortion in violation of this subchapter may bring an action against the person who purposely, knowingly, or recklessly performed or induced the abortion in violation of this subchapter for actual and punitive damages.

(2) A woman upon whom an abortion has been attempted in violation of this subchapter may bring an action against the person who attempted purposely, knowingly, or recklessly to perform or induce the abortion in violation of this subchapter for actual and punitive damages.

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

(A) The woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this subchapter;

(B) A person who is the spouse, parent, sibling, or guardian of or a current or former licensed healthcare provider of the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this subchapter;

(C) A prosecuting attorney with appropriate jurisdiction; or

(D) The Attorney General.

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

(c) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant.

(d) 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 render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

(e) Damages or attorney's fee shall not be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except under subsection (d) of this section.

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Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-16-1408. Civil remedies - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-16-1408/

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