A Texas woman who was charged with murder over self-managing an abortion and spent two nights in jail has sued prosecutors along the U.S.-Mexico border who put the criminal case in motion before it was later dropped.
The lawsuit filed by Lizelle Gonzalez in federal court Thursday comes a month after the State Bar of Texas fined and disciplined the district attorney in rural Starr County over the case in 2022, when Gonzalez was charged with murder in “the death of an individual by self-induced abortion.”
Under the abortion restrictions in Texas and other states, women who seek abortion are exempt from criminal charges.
The lawsuit argues Gonzalez suffered harm from the arrest and subsequent media coverage. She is seeking $1 million in damages.
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The lawsuit argues that the hospital violated the patient’s privacy rights when they reported the abortion to the district attorney’s office, which then carried out its own investigation and produced a murder charge against Gonzalez.
Cecilia Garza, an attorney for Gonzalez, said prosecutors pursued an indictment despite knowing that a woman receiving the abortion is exempted from a murder charge by state law.
Should be an easy win:
The only question is how much the damages should be. Here’s hoping for a jury inclined to send a message about this sort of prosecutorial (and hospital) misconduct
First read the title and thought it would have as much chance as suing a cop with qualified immunity. Then got to the part you quoted and now think it has a decent chance.
You were completely correct on both readings.