Texas woman’s case after being arrested on abortion-murder charge can proceed, judge rules

McALLEN, Texas – A Texas woman who was arrested and charged with murder after self-management of an abortion in 2022 can proceed with its lawsuit against the local sheriff and prosecutors over the case that sparked national outrage before the charges were quickly dropped, a federal judge ruled Wednesday.

U.S. District Judge Drew B. Tipton denied a motion by prosecutors and the sheriff to dismiss the case during a hearing in the border city of McAllen. Lizelle Gonzalez, who spent two nights in jail on charges of murder and is asking for US$1 million in compensation in the action, he did not attend the hearing.

Texas has one of the most restrictive abortion bans in the country and prohibits the procedure with limited exceptions. However, under Texas law, women seeking abortions are exempt from criminal charges.

Starr County District Attorney Gocha Ramirez and other defendants argued that their positions give them immunity from civil suits.

Rick Navarro, defense attorney, argued that this was “at worst a case of negligence” during the hearing. Ramirez previously told the Associated Press that he “made a mistake” in filing the charges.

Tipton asked Gonzalez’s lawyers if they could prove prosecutors knew about the exception.

“What we intend to show is that negligence does not explain this carelessness. It is the role and function of prosecutors to be aware of the elements of the statutes they are charging,” said David Donatti, attorney for the ACLU of Texas. who is representing Gonzalez.

Gonzalez was indicted in 2022 after taking the drug misoprostol during her 19-week pregnancy. She was treated at a Texas hospital, where doctors later performed a cesarean section to deliver a stillborn child after detecting no fetal heartbeat.

Her lawsuit filed in March also named the county, which runs the small hospital where Gonzalez was treated, alleging that hospital staff violated patients’ privacy rights by reporting the abortion. An amended complaint alleged that the sheriff’s office interviewed Gonzalez and later arrested her at the direction of prosecutors.

The charges were dropped just days after the woman’s arrest. In February, Ramirez agreed to pay a $1,250 fine under a settlement agreement with the Texas Bar Association. Ramirez also agreed to have his license suspended for 12 months.

Wednesday’s ruling will allow the case to move forward.