Subdivision 1. Civil remedies.
Any person upon whom an abortion has been performed
without complying with sections
may maintain an action against the person
who performed the abortion in knowing or reckless violation of sections
actual and punitive damages. Any person upon whom an abortion has been attempted without
complying with sections
may maintain an action against the person who
attempted to perform the abortion in knowing or reckless violation of sections
for actual and punitive damages. No civil liability may be assessed for failure to comply
, clause (2), item (iii), or that portion of section
, clause (2),
requiring written certification that the female has been informed of her opportunity to review the
information referred to in section
, clause (2), item (iii), unless the commissioner of
health has made the printed materials or Web site address available at the time the physician or the
physician's agent is required to inform the female of her right to review them.
Subd. 2. Suit to compel statistical report.
If the commissioner of health fails to issue the
public report required under section
145.4246, subdivision 6
, or fails in any way to enforce Laws
2003, chapter 14, any group of ten or more citizens of this state may seek an injunction in a court
of competent jurisdiction against the commissioner of health requiring that a complete report be
issued within a period stated by court order. Failure to abide by such an injunction shall subject
the commissioner to sanctions for civil contempt.
Subd. 3. Attorney fees.
If judgment is rendered in favor of the plaintiff in any action
described in this section, the court shall also render judgment for reasonable attorney fees in favor
of the plaintiff against the defendant. 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 reasonable attorney fees in favor of the defendant against the plaintiff.
Subd. 4. Protection of privacy in court proceedings.
In every civil action brought under
, the court shall rule whether the anonymity of any female upon
whom an abortion has been performed or attempted shall be preserved from public disclosure
if she does not give her consent to such disclosure. The court, upon motion or sua sponte,
shall make such a ruling and, upon determining that her anonymity should be preserved, shall
issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard
her identity from public disclosure. Each order must be accompanied by specific written findings
explaining why the anonymity of the female should be preserved from public disclosure, why the
order is essential to that end, how the order is narrowly tailored to serve that interest, and why no
reasonable, less restrictive alternative exists. In the absence of written consent of the female upon
whom an abortion has been performed or attempted, anyone, other than a public official, who
brings an action under subdivision 1, shall do so under a pseudonym. This section may not be
construed to conceal the identity of the plaintiff or of witnesses from the defendant.
History: 2003 c 14 art 1 s 8