A Texas woman who was wrongly charged with murder over a self-induced abortion in 2022 has filed a lawsuit against her local prosecutor's office and its leaders, seeking more than $1 million in damages.
Lizelle Gonzalez was indicted on murder charges in April 2022 in Starr County, near the southeastern border with Mexico, for using the drug misoprostol to self-abort at 19 weeks pregnant. She spent two nights in jail until her charges were dropped.
Self-induced abortion refers to abortion performed outside of professional medical care, such as the use of abortion pills. Under Texas law at the time, abortions after six weeks were illegal, but pregnant women were exempt from criminal prosecution. (Medical professionals who provide abortion procedures or drugs, and others who assist in abortions, may also remain liable.)
Gonzalez, who was known as Lizel Herrera and was 26 at the time of her arrest, filed the complaint with Starr County on Thursday, along with District Attorney Gocha Ramirez and Assistant District Attorney Alexandria Lynn Barrera. Her complaint alleges that she has been exposed to reputational harm and distress as a result of her arrest and charges, and seeks to “not only vindicate her rights, but also hold accountable the government officials who violated them.” It is said that they are looking for.
Gonzalez and his attorneys could not be reached for comment Saturday.
Ramirez and Barrera also did not immediately respond to requests for comment on the lawsuit. A month ago, a Texas state court found that Mr. Ramirez had unlawfully prosecuted Mr. Gonzalez without probable cause and fined him $1,250. His law license will also be suspended for one year, meaning he will be able to practice as a lawyer while he must comply with certain requirements. That period begins April 1st.
According to the lawsuit, Gonzalez took abortion pills in January 2022 and went to the hospital for tests. Doctors confirmed that the fetal heartbeat was positive and there were no contractions, so she was discharged the next day. But later that day, she returned to the hospital complaining of vaginal bleeding, and her doctors performed a Caesarean section for her stillbirth.
The Food and Drug Administration has approved misoprostol and mifepristone (also commonly used abortion drugs) for use up to 10 weeks of pregnancy under the supervision of a health care provider. However, the World Health Organization supports self-induced abortion without medical supervision up to 12 weeks of pregnancy.
Gonzalez says in her lawsuit that hospital employees reported her self-induced abortion to the district attorney's office in violation of federal privacy laws, but the lawsuit does not name the employees or the hospital as defendants. Not yet.
The complaint alleges that neither the Starr County Sheriff's Office nor the Rio Grande Police Department conducted an investigation based on sufficient facts and circumstances surrounding the murder charges against her, relying solely on hospital reports. Ms. Gonzalez also accused them of misleading the grand jury with false information to secure her indictment against her.
“As a result of Defendants' illegal and unconstitutional actions, Ms. Gonzalez's life has been forever changed,” the complaint states. She was “subjected to the humiliation of a highly publicized indictment and arrest, which had a permanent impact on her standing in the community.”
When the charges against Gonzalez were dropped, Ramirez said it was “clear” that Gonzalez “cannot and should not be indicted in the indictment,” adding, “The circumstances that led to this indictment… “It took a long time,” he admitted. Mr. Gonzalez and his family were affected. At the time, the anti-abortion group Texas Right to Life supported Ramirez's decision to drop the charges, saying Texas law “clearly prohibits criminal charges against pregnant women.”
Gonzalez's indictment came months before Roe v. Wade was overturned and before Texas' near-total abortion ban took effect. Even if the ban were tightened, those who undergo abortions would not be able to face criminal prosecution.
Melissa Murray, a law professor at New York University, said Gonzalez's case raises awareness in Texas and beyond to “understand that we are rapidly moving into some kind of dystopian, post-Dobstone landscape. '', he said.
“I think she can be very successful here,” Murray said of Gonzalez. “And if she doesn't, she could make him pay to settle this matter, even if she doesn't get to trial,” referring to Ramirez. did.
Murray said the lawsuit could serve as a deterrent to other officials in the state. But it could also have the effect of “encouraging the anti-abortion movement to lobby Congress to actually subject pregnant people to criminal or civil liability.”
Loni Caryn Rabin, julia hayward and Sophie Casakob Contributed to the report.