Okpalobi v. Foster
Federal Supplement 1998; 981: 977-988
Court Decision: The U.S. District Court for the Eastern District of Louisiana granted a motion for a preliminary injunction against enforcement of a Louisiana statute which made an abortion provider liable, in tort, "for any damage occasioned or precipitated by the abortion," even when the woman had signed a consent form. The court held that the state statute was unconstitutionally vague because it failed to provide the abortion provider with a fair warning of the legal standard to be applied in determining liability. Also, the court held that the law likely violated the Fourteenth Amendment, because it ran afoul of the Supreme Court pronouncement that the word "person" does not include the unborn. Under the statute, the woman could sue for damages sustained by either her or her unborn child.
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