Nebraska Statutes 28-347.02. Dismemberment abortion; damages; cause of action; who may maintain
(1) A cause of action for civil damages against a person who performed a dismemberment abortion in violation of section 28-347 may be maintained by:
Terms Used In Nebraska Statutes 28-347.02
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) Any woman upon whom a dismemberment abortion has been performed in violation of section 28-347 ;
(b) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(c) If the woman had not attained the age of nineteen years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(2) No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff’s criminal conduct.
(3) Damages awarded in such an action shall include money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.