Judge OKs abortion-charged woman's lawsuit.

Texas woman Lizelle Gonzalez files $1M lawsuit after arrest for self-managed abortion

McAllen, Texas — A federal judge has allowed a Texas woman's lawsuit against prosecutors who charged her with murder following a self-managed abortion to proceed.

"She does suffer from anxiety. A lot of it related to the arrest and the incarceration. She wasn’t able to be here today because she was just concerned about how it might affect her. But she’s very happy with today’s rulings." - Cecilia Garza, Gonzalez's attorney

Background

In April 2022, Lizelle Gonzalez (then Lizelle Herrera) spent 3 days in jail after being indicted for causing the death of her unborn child at 19 weeks pregnant. This was despite Texas law barring mothers from being charged for murder in such cases.

Claims & Counter Claims

Gonzalez is suing for $1 million in damages, arguing that her hospitalization and subsequent arrest changed her life forever. She accuses hospital staff of violating her privacy by reporting her self-induced abortion and prosecutors of negligence and disregarding her rights.

The defendants, including Starr County District Attorney Gocha Ramirez, claim immunity from civil lawsuits and argue that the mistake does not merit a $1 million suit. An investigatory panel fined Ramirez $1,250 and banned him from practicing law for a year, though this ban will be lifted if he complies with a settlement reached in January.

Timeline

• Jan 7, 2022: Gonzalez visits a local hospital after taking misoprostol to induce an abortion. She is discharged and asked to follow up later.
• Minutes later: Gonzalez returns to the ER with abdominal pain and vaginal bleeding. Doctors find the fetal heartbeat has stopped and perform an emergency C-section, delivering a stillborn child.
• March 30, 2022: Gonzalez is charged with murder based solely on an examination of hospital reports, despite the abortion being "incomplete" and "spontaneous."
• April 2022: Gonzalez spends 3 days in jail following the indictment.
• Wednesday, recent: A federal judge denies the motion to drop the lawsuit, allowing it to move forward.

References:

• Texas woman's $1M lawsuit can move forward, district judge says
• Texas prosecutor fined, banned from practicing law for a year over abortion charge
• Texas prosecutor drops murder charge against woman who aborted her pregnancy