A federal judge in Texas has denied a motion to dismiss a lawsuit against Starr County officials by a woman who was arrested in 2022 for a self-induced abortion at 19 weeks. The case is particularly unusual, because Texas state law in place at the time (the Texas Heartbeat Act -SB 8) protected preborn children from abortion upon detectable heartbeat (usually about six weeks) but specifically excluded women from being prosecuted for their own abortions.
Shortly before Roe v. Wade was overturned in 2022, Lizelle Gonzalez — then Lizelle Herrera — allegedly went to the hospital for care where she admitted she had tried to induce an abortion. Gonzalez had taken the drug misoprostol, which causes contractions, while she was 19 weeks pregnant. Doctors at a Texas hospital had to later carry out a C-section to deliver her dead baby.
According to Reuters, 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.”
READ: If ‘abortion up to birth’ isn’t ‘a thing,’ why is it legal in 9 states plus DC?
Gonzalez later sued Starr County officials for $1 million, saying the experience changed her life forever and alleging that county officials misrepresented facts to a grand jury and conspired to prosecute her without probable cause. Starr County District Attorney Gocha A. Ramirez previously told The Associated Press that he “made a mistake” in bringing charges against Gonzalez. He ultimately 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.
According to Texas Public Radio, Ramirez and Assistant District Attorney Alexandria Lynn Barrera filed motions to dismiss the lawsuit in May, citing the “immunity doctrine,” which offers protection to public officials from legal fallout — with exceptions. Attorneys for Gonzalez, however, argue that immunity can’t be granted in this case.
“We’ll be doing some discovery on the question of the immunity claims that the defendants have raised as to the DA’s and prosecutor’s claim that they are not liable,” said Lauren Johnson, director of the Abortion Criminal Defense Initiative at the American Civil Liberties Union (ACLU), which is representing Gonzalez. “Our goal is to continue this fight to the point of trial.”
