; (2) such compensatory damages as the court determines appropriate, including for economic losses and for emotional pain and suffering; (3) such punitive damages as the court determines appropriate; and (4) reasonable attorney’s fees and costs of the action that the court determines appropriate to award to a prevailing plaintiff. (d) Criminal penalty Whoever, in violating subsection (a), uses a deadly or dangerous weapon or inflicts bodily injury, shall be fined under title 18, United States Code, or imprisoned not more than 20 years, or both. (e) No State immunity A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this section. 5. Interference by persons not officers or employees of a State or unit of local government prohibited (a) In general No person who is not an officer or employee of a State or of a unit of local government, who, in a circumstance described in subsection (b), by operation of a provision of State law attempts to implement or enforce State law, may act or threaten to act in any manner to prevent, restrict, impede, or retaliate against— (1) a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (2) any person or entity that assists a health care provider who seeks to initiate, provide, or otherwise facilitate the provision of reproductive health care services to a patient or prospective patient; (3) any person who seeks to gain access to— (A) reproductive health care services; or (B) a health care provider for the purpose of accessing reproductive health care services; or (4) any person or entity that seeks to assist another person who seeks to gain access to— (A) reproductive health care services