Texas Officials Win Dismissal of Woman's Claims Over Abortion Prosecution

A federal judge has dismissed a lawsuit filed by a Texas woman who alleged that local prosecutors and police violated her constitutional rights by charging her with murder following a self-induced abortion.

US District Judge Drew Tipton in McAllen ruled that the individual Starr County officials involved in the 2022 case against Lizelle Gonzalez were entitled to qualified immunity. Gonzalez’ claims against the county itself remain pending.

At the time, Gonzalez, 26, went by Lizelle Herrera and was indicted for murder by a grand jury. The Starr County sheriff’s office claimed she had “intentionally and knowingly caused the death of an individual by self-induced abortion.” Charges were dropped days later by District Attorney Gocha Ramirez, who acknowledged that Texas’ murder statute exempts women who undergo abortions — a provision that had been overlooked in the indictment.

The case drew national attention amid heated debates over Texas’ strict abortion law, weeks before the U.S. Supreme Court overturned Roe v. Wade in June 2022. The ruling eliminated the federal constitutional right to abortion, effectively upholding Texas’ law and raising concerns that women could face criminal prosecution in states with strict abortion restrictions.

Gonzalez filed her lawsuit in 2024 against Starr County, Ramirez, an assistant district attorney, and the county sheriff, citing violations of her Fourth and Fourteenth Amendment rights. Judge Tipton granted summary judgment to the individual defendants, concluding they were acting in their official capacities and had not violated clearly established law.

Conspiracy claims against the officials were also dismissed, with Tipton noting that as county agents, they could not conspire with the county itself.

The case is Gonzalez v. Ramirez, US District Court for the Southern District of Texas, No. 7:24-cv-00132.