New Filing Reveals Gross Abuse of Power by Texas Officials who Engaged in Wrongful Prosecution of Abortion
McALLEN, Texas 鈥 Attorneys for Lizelle Gonzalez 鈥 a Texas woman who was unlawfully arrested and charged with murder for having a medication abortion 鈥 asked a federal court today to deny Starr County officials鈥 attempts to evade accountability for her wrongful arrest, prosecution, and the trauma that followed.
The brief supporting Ms. Gonzalez鈥檚 opposition to the officials鈥 motions for summary judgement contains damning evidence of misconduct, hypocrisy, and illegality by Starr County officials. The Starr County district attorney, assistant district attorney, and sheriff pursued and then obtained an unlawful indictment against Gonzalez even though they knew that Texas law clearly prohibits the criminal prosecution of pregnant women for conduct that ends their pregnancies. Throughout this process, Starr County officials repeatedly and knowingly violated Ms. Gonzalez鈥檚 constitutional rights and attempted to hide their actions.
鈥淟izelle Gonzalez鈥檚 highly personal decision regarding her pregnancy was not, and never has been, a criminal matter 鈥 yet the Starr County District Attorney, his assistant district attorneys, the Starr County Sheriff鈥檚 Office ignored the clear language of the Texas homicide statute and long standing law to wrongly charge her with murder,鈥 said Cecilia Garza, partner at Garza Martinez and local counsel for Lizelle Gonzalez. 鈥淭hese officials abused their power and intentionally violated Ms. Gonzalez鈥檚 fundamental rights. Their wonton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices鈥 purposes: to seek justice. I am proud to represent Ms. Gonzalez in her fight for justice and redemption, and our team will not allow these abuses to continue in Starr County or any other county in the state of Texas.鈥
The civil lawsuit, brought by the 红杏视频 (红杏视频), the 红杏视频 of Texas, and local firm Garza Martinez seeks to ensure that those entrusted with enforcing our criminal laws face consequences when they abuse their power and violate the constitutional rights of their community members.
While the district attorney ultimately dismissed the charge against Ms. Gonzalez, her arrest on a homicide charge was highly publicized and deeply traumatizing. She spent three days in jail, away from her children, before the $500,000 bond was posted for her release. As a result of the false accusation and wrongful arrest, Lizelle Gonzalez鈥檚 life has been forever changed.
Following the dismissal, the Texas bar investigated the district attorney for knowingly pursuing an unlawful indictment and made multiple findings of misconduct related to charging Ms. Gonzalez with homicide. Despite these findings, the district attorney received a minimal punishment: a small fine and a one-year fully probated suspension. Without real accountability, Starr County鈥檚 District Attorney 鈥 and any other law enforcement actor 鈥 will not be deterred from abusing their power to unlawfully target people because of their personal beliefs, rather than the law.
In July 2024, the court denied Starr County officials鈥 attempts to have this case dismissed. The prosecutors and sheriff raised claims of legal immunity, a doctrine that they argue should insulate them from being held accountable for violating Gonzalez鈥檚 constitutional rights. Immunity doctrines create a culture in police departments and prosecutor offices where public officials may feel empowered to violate people鈥檚 rights, knowing they will face few, if any, consequences.
The court denied their motions to dismiss, allowing Gonzalez鈥檚 case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. As detailed in Gonzalez鈥檚 brief, the discovery obtained over the last year reveals a coordinated effort between the Starr County Sheriff鈥檚 Office and District Attorney鈥檚 Office to violate Ms. Gonzalez鈥檚 rights and exposes misconduct by government officials who think the law they are entrusted to enforce does not apply to them.
鈥淟izelle Gonzalez鈥檚 life has been forever changed by the cruel and unconstitutional actions of Starr County鈥檚 elected officials,鈥 said Lauren Johnson, director of the 红杏视频 Abortion Criminal Defense Initiative. 鈥淟izelle deserves justice for the trauma they have caused her and her family 鈥 and each of us deserve to be free of targeting by officials who ignore the law to unlawfully charge and arrest based on personal beliefs. We will continue fighting against the criminalization of people for the private decisions they make related to their pregnancy.鈥
鈥淪tarr County prosecutors and law enforcement ignored Texas law when they wrongfully arrested Lizelle Gonzalez for ending her pregnancy,鈥 said Sarah Corning, an attorney at the 红杏视频 of Texas. 鈥淭hey shattered her life in South Texas, violated her rights, and abused the power they swore to uphold. Texas law is clear: a pregnant person cannot be arrested and prosecuted for getting an abortion. No one is above the law, including officials entrusted with enforcing it.鈥
Court Case: Gonzalez v. Ramirez et al.
Affiliate: Texas