In Texas a woman who was charged with murder for self-managing an abortion, and spent two nights in jail before the charge was dropped, is now suing the prosecutors for $1 million.
The lawsuit filed by Lizelle Gonzalez in federal court Thursday comes a month after the state bar of Texas fined and disciplined the district attorney in rural Starr county over the case in 2022, when Gonzalez was charged with murder in “the death of an individual by self-induced abortion”.
Under the abortion restrictions in Texas and other states, women who seek abortions are exempt from criminal charges.
The lawsuit argues Gonzalez suffered harm from the arrest and subsequent media coverage. She is seeking $1m in damages.
…According to the lawsuit, Gonzalez was 19 weeks pregnant when she used misoprostol, one of two drugs used in medication abortions. Misoprostol is also used to treat stomach ulcers.
After taking the pills, Gonzalez received an obstetrical examination at a hospital emergency room and was discharged with abdominal pain. She returned with bleeding the next day and an exam found no fetal heartbeat. Doctors performed a caesarian section to deliver a stillborn baby.
The lawsuit argues that the hospital violated the patient’s privacy rights when they reported the abortion to the district attorney’s office, which then carried out its own investigation and produced a murder charge against Gonzalez.
Cecilia Garza, an attorney for Gonzalez, said prosecutors pursued an indictment despite knowing that a woman receiving an abortion is exempted from a murder charge by state law.
Prosecutors would had to have known that even in Texas, women could not be charged for receiving an abortion but they decided on charging her with murder anyway, in what seems like a purely vindictive effort to frighten other women who may seek to terminate their pregnancies using legal medications.