Federal judge dismisses Texas woman's lawsuit over arrest for self-induced abortion

A federal judge has dismissed a woman's wrongful arrest lawsuit regarding a self-induced abortion she carried out in 2022, shortly before Roe v. Wade was overturned.

Key Takeaways:

• In 2022, Lizelle Gonzalez took misoprostol to cause a self-induced abortion.

• After giving birth to a stillborn baby in the emergency room, hospital staff called authorities, and Gonzalez was arrested. She spent two nights in jail.

• The charges against her were dropped; in 2024, she filed a lawsuit against the district attorney, assistant district attorney, and sheriff.

• A judge has now dismissed that lawsuit.

The Backstory:

In 2022, Lizelle Gonzalez — then Lizelle Herrera — was arrested and charged with causing the death of an individual after she took misoprostol, the second drug of the abortion pill regimen that causes contractions to expel the baby. She was 19 weeks pregnant at the time and went to the emergency room, but her baby still had a heartbeat, and she was sent home. Later, she complained of abdominal pain and vaginal bleeding and went by ambulance back to the ER. She delivered a stillborn baby via C-section. Hospital staff reported her to the authorities. She was arrested, spent two days in jail, and was indicted for causing “the death of an individual … by self-induced abortion.”

Starr County District Attorney Gocha Allen Ramirez later dropped the charges, calling her arrest a "mistake." He paid a $1,250 fine under a settlement reached with the State Bar of Texas and agreed to have his license suspended for a year.

The Details:

Texas state law in place at the time (the Texas Heartbeat Act -SB 8) protected preborn children from abortion once a heartbeat was detectable (usually about six weeks), but specifically excluded women from being prosecuted for their own abortions.

Gonzalez filed a lawsuit in 2024, naming Ramirez, Assistant District Attorney Alexandria Barrera, and Sheriff Rene Fuentes. Gonzalez. She sought $1 million in damages and accused officials of malicious prosecution and conspiracy. She said the “humiliation of a highly publicized indictment and arrest” has “permanently affected her standing in the community.”

Ramirez and Barrera filed motions to dismiss the lawsuit in May, citing the “immunity doctrine,” a legal doctrine that offers protection to public officials from legal fallout — with exceptions.

In the opinion written by U.S. District Judge Drew B. Tipton, ruled that the prosecutors and sheriff's office are protected by "qualified immunity."

“I’m sincerely sorry it happened,” said Ramirez. “I understand that it was a terrible thing for her to go through.” He added that he has received hate mail and death threats against him and his family.