Attorneys representing Lizelle Gonzalez argue that state officials, including the district attorney and sheriff, are abusing their power by trying to dismiss a lawsuit claiming wrongful charges of murder after Gonzalez had an abortion. The ACLU's filing refutes the qualified immunity claim, asserting that the officials acted without probable cause when charging Gonzalez. Gonzalez, who was 19 weeks pregnant, experienced severe complications after taking misoprostol, and was publicly named as a murder suspect after being arrested. Although the charges were ultimately dropped, the implications of the case reflect significant concerns about the enforcement of abortion laws in Texas.
The filing argues that DA Ramirez and ADA Barrera acted in an investigatory capacity by providing legal advice and directions about how to conduct the investigation, and that their involvement occurred when there was no probable cause, thus they are not entitled to absolute prosecutorial immunity.
Gonzalez was 19 weeks pregnant in 2022 when she used misoprostol, one of two drugs used in medication abortions, and was later discharged from the hospital only to return with severe complications that led to a stillbirth.
Gonzalez was arrested after the hospital reported the abortion to the district attorney's office, and faced charges of murder for self-induced abortion, which were later dropped after two nights in jail.
The American Civil Liberties Union maintains that Starr County officials are abusing their power by trying to dismiss the lawsuit against them under qualified immunity.
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