Texas woman sues prosecutors over abortion-related murder charge, seeking $1 million in damages

Texas Woman Sues Prosecutors Over Abortion Murder Charge

McALLEN, Texas, (AP) - Lizelle Gonzalez, a Texas woman who faced murder charges for self-managing an abortion and spent two nights in jail, has taken legal action against the prosecutors along the U.S.-Mexico border who instigated the criminal case against her before it was eventually dismissed.

Background of the Lawsuit

The lawsuit, filed in federal court on Thursday, comes in the wake of the State Bar of Texas penalizing the district attorney of rural Starr County in 2022 over the case. Gonzalez was accused of murder in relation to "the death of an individual by self-induced abortion."

Impact of Abortion Restrictions in Texas

It is important to note that under the abortion restrictions in Texas and other states, women seeking abortion are exempt from criminal charges. Therefore, the lawsuit argues that Gonzalez suffered severe harm from her arrest and subsequent media coverage. As a result, she is seeking damages amounting to $1 million.

Legal and Medical Details

According to the lawsuit, Gonzalez was 19 weeks pregnant when she used misoprostol, a medication commonly used in abortions. After taking the pills, she sought medical attention at a hospital emergency room. Despite being discharged with abdominal pain, she returned the next day with bleeding, and subsequently underwent a caesarian section to deliver a stillborn baby. The lawsuit further argues that the hospital breached the patient's privacy rights by reporting the abortion to the district attorney's office, which then pursued its own investigation and brought forward the murder charge against Gonzalez.

Prosecutorial Misconduct

Gonzalez's attorney, Cecilia Garza, highlighted that prosecutors pursued an indictment despite being aware that the state law exempts women receiving abortions from murder charges. The district attorney, Gocha Ramirez, later announced that the charges would be dropped, acknowledging his mistake and reaching a settlement with the State Bar of Texas.

Seeking Justice

The lawsuit points out the illegal and unconstitutional nature of the actions taken by the defendants, asserting that the fallout from these actions has irrevocably altered Gonzalez's life. Both the district attorney and the county's top elected official declined to comment on the ongoing legal proceedings. However, Gonzalez's legal team remains steadfast in seeking justice for the harm she endured.