A Texas woman who self-managed her abortion is suing prosecutors and a local sheriff after she was held in jail for two nights on a murder charge that was ultimately dismissed.
Lizelle Gonzalez, a Star County, Texas, resident, filed a civil rights complaint alleging that hospital staff provided her private information to prosecutors and the county sheriff who later charged her with murder, according to court documents.
Under Texas’ multiple abortion bans, it is not a crime for a woman to obtain or seek abortion care for herself; the abortion bans target physicians and anyone who aids a woman in obtaining or seeking an abortion.
Gonzalez is alleging the prosecutors and the sheriff violated her Fourth and Fourteenth Amendment rights and is seeking over $1 million in damages. Two prosecutors — District Attorney Gocha Allen Ramirez and District Attorney Alexandria Lynn Barrera — as well as Starr County Sheriff Rene Fuentes and Starr County are all named in the lawsuit.
State law prohibits physicians from providing abortion care and places civil and criminal penalties on anyone who aids a woman in obtaining abortion care unless the mother’s life is at risk.
Complaint alleges privacy law violations
Gonzalez says she went to an emergency room in January 2022 after having taken “Cytotec Icetrogen 400 mcg” — otherwise known as misoprotol, one of the two medications used in the abortion pill regimen — to cause an abortion when she was 19 weeks pregnant, according to her complaint.
An activist seen holding a placard that says protect safe, legal abortion during the protest in Dayton, Ohio, May 19, 2019.
Sopa Images/Getty Images, FILE
An exam found no contractions and found a fetal heart rate so she was discharged from the hospital and told to follow up days later, according to her lawsuit.
Less than an hour after she was discharged, she was taken back to the hospital with complaints of abdominal pain and vaginal bleeding. No fetal cardiac activity was detected upon examination and a cesarean section was performed. She delivered a stillborn child, according to court documents.
Gonzalez alleged her private medical information was then given to state prosecutors and the sheriff, ultimately leading to her arrest which she says violated federal privacy laws.
Gonzalez alleged in court documents that the district attorney’s office and the Starr County Sheriff’s Office had agreements with a local hospital to report these types of cases. Gonzalez also alleged there are other women who’s health information was also shared for the purpose of investigations and potential indictments.
She alleged that two district attorneys and the Starr County’s sheriff presented false and misleading information to a grand jury to secure an indictment against her, according to court documents.
Gonzalez was arrested in April 2022 and held in jail for two nights before a $500,000 bond was posted and she was released. The charges against her were dismissed two days after she was released.
Demonstrators march and gather near the Texas Capitol following the U.S. Supreme Court’s decision to overturn Roe v. Wade, June 24, 2022, in Austin, Texas. Lizelle Gonzalez, a Texas woman who was charged with murder over self-managing an abortion and spent two nights in jail, sued prosecutors Thursday, March 28, 2024, along the U.S.-Mexico border who put the criminal case in motion before it was later dropped.
Eric Gay/AP, FILE
Due to her indictment and arrest, Gonzalez suffered “humiliation” which has “permanently affected her standing in the community,” she alleged in court documents.
Earlier this year, Ramirez agreed to pay a $1,250 fine under a settlement reached with the State Bar of Texas and to have his license held in a probated suspension for 12 months for his prosecution of acts clearly not criminal under state law. He remains the Starr County district attorney.
Ramirez and Barrera have sought to have the suit dismissed and have argued in court documents that they have “absolute immunity for the individual claims against them because the pleaded facts show nothing other than actions taken as part of the judicial phase of criminal proceedings,” according to court documents.
Fuentes also sought to get the case thrown out and argued that he has “qualified immunity” and argued that she did not specify claims against him specifically, but rather against his office.
An attorney representing Ramirez, Barrera, Fuentes and Starr County declined to comment on the lawsuit and told ABC News all responses will be through court filings.