Texas girl sues prosecutors who charged her with homicide after she self-managed an abortion

McALLEN, Texas (AP) — A Texas girl who was charged with homicide over self-managing an abortion and spent two nights in jail has sued prosecutors alongside the U.S.-Mexico border who put the felony case in movement earlier than it was later dropped.

The lawsuit filed by Lizelle Gonzalez in federal court docket Thursday comes a month after the State Bar of Texas fined and disciplined the district lawyer in rural Starr County over the case in 2022, when Gonzalez was charged with homicide in “the demise of a person by self-induced abortion.”

Underneath the abortion restrictions in Texas and different states, ladies who search abortion are exempt from felony fees.

The lawsuit argues Gonzalez suffered hurt from the arrest and subsequent media protection. She is looking for $1 million in damages.

“The fallout from Defendants’ unlawful and unconstitutional actions has perpetually modified the Plaintiff’s life,” the lawsuit acknowledged.

Starr County District Lawyer Gocha Ramirez mentioned Friday that he had not but been served the lawsuit and declined remark. Starr County Decide Eloy Vera, the county’s prime elected official, additionally declined remark.

Based on the lawsuit, Gonzalez was 19 weeks pregnant when she used misoprostol, one of two drugs used in remedy abortions. Misoprostol can be used to deal with abdomen ulcers.

After taking the drugs, Gonzalez obtained an obstetrical examination on the hospital emergency room and was discharged with belly ache. She returned with bleeding the subsequent day and an examination discovered no fetal heartbeat. Docs carried out a caesarian part to ship a stillborn child.

The lawsuit argues that the hospital violated the affected person’s privateness rights once they reported the abortion to the district lawyer’s workplace, which then carried out its personal investigation and produced a homicide cost towards Gonzalez.

Cecilia Garza, an lawyer for Gonzalez, mentioned prosecutors pursued an indictment regardless of figuring out {that a} girl receiving the abortion is exempted from a homicide cost by state legislation.

Ramirez introduced the costs can be dropped simply days after the lady’s arrest however not earlier than she’d spent two nights in jail and was recognized by title as a homicide suspect.

In February, Ramirez agreed to pay a $1,250 effective and have his license held in a probated suspension for 12 months in a settlement reached with the State Bar of Texas. He instructed The Related Press on the time that he “made a mistake” and agreed to the punishment as a result of it permits his workplace to maintain working and him to maintain prosecuting circumstances.