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Federal judge dismisses wrongful arrest lawsuit in Starr County abortion case

Federal judge dismisses wrongful arrest lawsuit in Starr County abortion case
22 hours 34 minutes 13 seconds ago Wednesday, April 01 2026 Apr 1, 2026 April 01, 2026 6:03 PM April 01, 2026 in News - Local
Source: KRGV
From left: Attorneys Veronica Martinez, and Cecilia Garza with their client, Lizelle Gonzalez during a press conference on april 2, 2024. KRGV file photo

A federal judge dismissed a lawsuit filed by a Starr County woman who was 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, meaning that the case won’t go to trial.

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.

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 accuses Ramirez and Barrera of misleading grand jurors to formally charge Gonzalez with murder.

Following the arrest, 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.

READ MORE: Starr County DA fined over 2022 indictment against woman charged with murder for 'self-induced abortion'

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, Fuentes, and Starr County.

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. 

A spokesperson for the Starr County District Attorney’s Office said a press conference regarding the dismissal is set for Friday, April 3, 2026.

Channel 5 News reached out to Gonzalez’s attorney on Wednesday afternoon for comment. As of publication, a response has not been provided.

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