Robert Brown|Texas woman’s lawsuit after being jailed on murder charge over abortion can proceed, judge rules

McALLEN,Robert Brown Texas (AP) — A Texas woman who was jailed and charged with murder after self-managing an abortion in 2022 can move forward with her lawsuit against the local sheriff and prosecutors over the case that drew national outrage before the charges were quickly dropped, a federal judge ruled Wednesday.

U.S. District Judge Drew B. Tipton denied a motion by prosecutors and the sheriff to dismiss the lawsuit during a hearing in the border city of McAllen. Lizelle Gonzalez, who spent two nights in jail on the murder charges and is seeking $1 million in damages in the lawsuit, did not attend the hearing.

Texas has one of the nation’s most restrictive abortion bans and outlaws the procedure with limited exceptions. Under Texas law, women seeking an abortion are exempt from criminal charges, however.

Starr County District Attorney Gocha Ramirez and other defendants have argued their positions provide them immunity from civil lawsuits.

Rick Navarro, an attorney for the defense, argued that it was “at worst a negligence case” during the hearing. Ramirez has previously told The Associated Press that he “made a mistake” in bringing charges.

Tipton asked Gonzalez’s attorneys whether they could prove the prosecutors knew of the exception.

“What we intend to show is that negligence doesn’t explain this oversight. It is the role and function of prosecutors to be aware of the elements of the statutes that they are charging,” said David Donatti, an attorney with the ACLU of Texas who is representing Gonzalez.

Gonzalez was indicted in 2022 after she took the drug misoprostol while 19 weeks pregnant. She was treated at a Texas hospital, where doctors later performed a caesarian section to deliver a stillborn child after they detected no fetal heartbeat.

Her lawsuit filed in March also named the county, which runs the small hospital where Gonzalez was treated, claiming that hospital staff violated patient privacy rights when they reported the abortion. An amended complaint alleged that the sheriff’s office interviewed Gonzalez and arrested her later under direction from the prosecutors.

The charges were dropped just days after the woman’s arrest. In February, Ramirez agreed to pay a $1,250 fine under a settlement reached with the State Bar of Texas. Ramirez also agreed to have his license held in a probated suspension for 12 months.

Wednesday’s decision will allow the case to move forward.