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§ 41-41-159. Civil remedies

MS Code § 41-41-159 (2019) (N/A)
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(1) Only in the event a cause of action for injunctive relief under Section 41-41-157 has been denied by a court of competent jurisdiction, a cause of action for civil damages against a person who has performed a dismemberment abortion in violation of Section 41-41-155 may be maintained by:

(a) Any woman upon whom a dismemberment abortion has been performed in violation of Section 41-41-155;

(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 eighteen (18) 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:

(a) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion; and

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

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§ 41-41-157. Remedies — Injunctions against dismemberment abortions
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§ 41-41-161. Attorney’s fees