New Filing Reveals Gross Abuse of Power by Texas Officials who Engaged in Wrongful Prosecution of Abortion
McALLEN, Texas — Attorneys for Lizelle Gonzalez — a Texas woman who was unlawfully arrested and charged with murder for having a medication abortion — asked a federal court today to deny Starr County officials’ attempts to evade accountability for her wrongful arrest, prosecution, and the trauma that followed.
The brief supporting Ms. Gonzalez’s opposition to the officials’ 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’s constitutional rights and attempted to hide their actions.
“Lizelle Gonzalez’s highly personal decision regarding her pregnancy was not, and never has been, a criminal matter — yet the Starr County District Attorney, his assistant district attorneys, the Starr County Sheriff’s Office ignored the clear language of the Texas homicide statute and long standing law to wrongly charge her with murder,” said Cecilia Garza, partner at Garza Martinez and local counsel for Lizelle Gonzalez. “These officials abused their power and intentionally violated Ms. Gonzalez’s fundamental rights. Their wonton disregard for the rule of law and erroneous belief of their own invincibility is a frightening deviation from the offices’ 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.”
The civil lawsuit, brought by the Ƶ (Ƶ), the Ƶ 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’s 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’s District Attorney — and any other law enforcement actor — 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’ 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’s constitutional rights. Immunity doctrines create a culture in police departments and prosecutor offices where public officials may feel empowered to violate people’s rights, knowing they will face few, if any, consequences.
The court denied their motions to dismiss, allowing Gonzalez’s 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’s brief, the discovery obtained over the last year reveals a coordinated effort between the Starr County Sheriff’s Office and District Attorney’s Office to violate Ms. Gonzalez’s rights and exposes misconduct by government officials who think the law they are entrusted to enforce does not apply to them.
“Lizelle Gonzalez’s life has been forever changed by the cruel and unconstitutional actions of Starr County’s elected officials,” said Lauren Johnson, director of the Ƶ Abortion Criminal Defense Initiative. “Lizelle deserves justice for the trauma they have caused her and her family — 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.”
“Starr County prosecutors and law enforcement ignored Texas law when they wrongfully arrested Lizelle Gonzalez for ending her pregnancy,” said Sarah Corning, an attorney at the Ƶ of Texas. “They 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.”
Court Case: Gonzalez v. Ramirez et al.
Affiliate: Texas