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Attorneys for a South Texas woman who was wrongfully charged with murder in 2022 for a self-induced abortion asked a federal court to deny what they said was an attempt by prosecutors to evade accountability.
Lizelle Gonzalez was arrested after she took an abortion pill while 19 weeks pregnant. She spent three days in jail before her $500,000 bond was posted for her release. The charges were later dropped.
The arrest happened just before the Supreme Court overturned Roe v. Wade. The Texas Penal Code still prohibits criminal prosecutions against women who induce their own abortions.
Attorneys for Gonzalez, including the American Civil Liberties Union, the ACLU of Texas, and the local firm of Garza Martinez, filed a 70-page briefing on Tuesday.
It alleged the Starr County district attorney, the assistant DA, and the sheriff pursued an arrest and indictment even though prosecutors knew of the exception.
They also alleged Starr County officials ignored Texas law, repeatedly and knowingly violated Gonzalez's constitutional rights, and attempted to hide their actions.
“They shattered (Gonzalez’) life in South Texas, violated her rights, and abused the power they swore to uphold,” said Sarah Corning, attorney at the ACLU of Texas. “No one is above the law, including officials entrusted with enforcing it.”
Following the dismissal, the Texas bar investigated Starr County District Attorney Gocha Ramirez for knowingly pursuing an unlawful indictment.
Ramirez was later disciplined, receiving a small fine and a one-year probated suspension.
A federal judge denied a motion last year to dismiss a $1 million civil lawsuit against Starr County officials brought by Gonzalez and her attorneys.
Ramirez and other Starr County officials initially filed the motion to dismiss, citing the legal principle "immunity doctrine” — which provides protections to public officials from legal repercussions, with some exceptions for violations of civil rights.
“Their wanton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices’ purposes: to seek justice,” said Cecilia Garza, partner at Garza Martinez and local counsel for Gonzalez.
View the briefing below:
