Federal judge dismisses charges against Starr County officials in wrongful arrest lawsuit stemming from abortion case
EDITOR'S NOTE: This story was updated on Friday, April 3, with a statement from Lizelle Gonzalez's attorneys.
A federal judge dismissed charges filed by a Starr County woman who authorities said was wrongfully arrested and charged with murder after self-inducing an abortion.
Federal court records show U.S. District Judge Drew B. Tipton granted summary judgment in favor of all defendants on Tuesday.
The lawsuit was filed in March 2024 by Lizelle Gonzalez against Starr County District Attorney Gocha Allen Ramirez, Assistant District Attorney Alexandria Lynn Barrera, Starr County Sheriff Rene Fuentes, and Starr County.
Tipton's ruling said Ramirez, Barrera and Fuentes were protected from civil lawsuits because they were acting in their official duties. Starr County remains the only defendant in the lawsuit.
In the lawsuit, Gonzalez claimed her rights were violated when she was wrongfully arrested on a murder charge following a self-induced abortion back in 2022.
Gonzalez, who went by Lizelle Herrera at the time of her arrest, was arrested on April 8, 2022, and jailed for three days on a murder charge following the abortion. She was released from custody when the murder charge was dismissed.
Texas law prevents murder charges from being brought against the individual who undergoes an abortion. The lawsuit accused Ramirez, Barrera and Fuentes of misleading grand jurors to formally charge Gonzalez with murder.
Following the dismissal of Gonzalez's murder charge, Ramirez referred to the case as a “mistake” and was later fined and had his law license held in probated suspension over the original indictment.
Gonzalez was seeking $1 million in damages when she sued the defendants for false arrest, malicious prosecution, and conspiracy. The judge dismissed all claims against Ramirez, Barrera and Fuentes.
Tipton ruled Ramirez is protected by absolute prosecutorial immunity because he acted within his duties as a prosecutor.
Barrera is entitled to qualified immunity, the judge said, ruling that she did not violate clearly established law.
The judge found no evidence Sheriff Fuentes personally directed or participated in the investigation or arrest and that he is also entitled to qualified immunity.
“Gonzalez bears the burden to show that qualified immunity does not apply, and she has not,” the ruling states.
On Friday, Gonzalez's legal team, which includes the American Civil Liberties Union and the ACLU of Texas, issued a statement that referred to the judge's ruling as "disapointing."
Read the full statement below:
"Make no mistake: Nothing about this disappointing decision changes the fact that Texas law prohibits arresting or prosecuting a pregnant person for having an abortion or ending their own pregnancy. Police and prosecutors should not be allowed to get away with arresting someone, taking her away from her kids, and throwing her in jail despite knowing she committed no crime. Yet this is precisely what happened to Ms. Gonzalez. Even the prosecutor does not dispute that she violated Ms. Gonzalez’s constitutional rights. When ordinary people break the law, we expect accountability. It is nonsensical and deeply unjust that the very officials charged with enforcing the law get a free pass when they violate it. The legal system must ensure that law enforcement officials who engage in this type of blatant abuse of power don’t get the benefit of a judge-made immunity doctrine and are instead held to account.”
A spokesperson for the Starr County District Attorney’s Office said a press conference regarding the dismissal was set for Friday, April 3, 2026. The press conference was later postponed.