A Texas woman, who faced murder charges after self-managing an abortion in 2022, has been given the green light to proceed with her lawsuit against the local sheriff and prosecutors by a federal judge. The case sparked national outrage before the charges were dropped swiftly.
During a hearing in McAllen, U.S. District Judge Drew B. Tipton rejected a motion by prosecutors and the sheriff to dismiss the lawsuit. Lizelle Gonzalez, the woman who spent two nights in jail on the murder charges and is seeking $1 million in damages, did not attend the hearing.
Despite Texas having stringent abortion laws with limited exceptions, women seeking an abortion are exempt from criminal charges under state law. However, Starr County District Attorney Gocha Ramirez and other defendants have claimed immunity from civil lawsuits.
Attorney Rick Navarro argued during the hearing that it was “at worst a negligence case,” with Ramirez admitting to making a mistake in bringing charges in a previous statement to The Associated Press.
Attorney David Donatti from the ACLU of Texas, representing Gonzalez, stated that prosecutors should have been aware of the statutory exception and negligence did not justify the oversight.
Gonzalez was indicted in 2022 after taking misoprostol while 19 weeks pregnant, leading to a stillborn delivery. Her lawsuit, filed in March, also implicated the county for violating patient privacy rights in reporting the abortion and alleged collaboration between the sheriff’s office and prosecutors in her arrest.
The charges were dropped shortly after her arrest, and Ramirez settled with the State Bar of Texas earlier this year. The ruling on Wednesday allows the case to proceed.
