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submitted 3 months ago by Stopthatgirl7@lemmy.world to c/news@lemmy.world

A Texas woman who was jailed and charged with murder after self-managing an abortion in 2022 can move forward with her lawsuit against the local sheriff and prosecutors over the case that drew national outrage before the charges were quickly dropped, a federal judge ruled Wednesday. 

U.S. District Judge Drew B. Tipton denied a motion by prosecutors and the sheriff to dismiss the lawsuit during a hearing in the border city of McAllen. Lizelle Gonzalez, who spent two nights in jail on the murder charges and is seeking $1 million in damages in the lawsuit, did not attend the hearing. 

Texas has one of the nation’s most restrictive abortion bans and outlaws the procedure with limited exceptions. Under Texas law, women seeking an abortion are exempt from criminal charges, however.

Starr County District Attorney Gocha Ramirez and other defendants have argued their positions provide them immunity from civil lawsuits. 

Rick Navarro, an attorney for the defense, argued that it was “at worst a negligence case” during the hearing. Ramirez has previously told The Associated Press that he “made a mistake” in bringing charges.

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[-] KevonLooney@lemm.ee 158 points 3 months ago
[-] Zachariah@lemmy.world 118 points 3 months ago

Verify your voter registration is still valid.

[-] brbposting@sh.itjust.works 58 points 3 months ago
[-] GlassHalfHopeful@lemmy.ca 11 points 3 months ago

Super helpful! Thank you!

[-] Spot@startrek.website 9 points 3 months ago

Now clap your hands 👏👏👏👏

[-] mjhelto@lemm.ee 2 points 3 months ago
[-] superminerJG@lemmy.world 3 points 3 months ago

Slide to the left!

[-] UnderpantsWeevil@lemmy.world 12 points 3 months ago

Don't forget to check it again around the time that voter registration for your state closes. Florida loves to purge its registry in late September.

[-] GlendatheGayWitch@lemmy.world 8 points 3 months ago

Texans can check their voter registration status, register to vote, check polling hours and locations, and find other information about the election. At this website: https://www.votetexas.gov/mobile/index.htm

Polls open October 21-November 1, with one final day to cast your vote on November 5. Polls are required to be open at least 9 hours the first week and at least 12 hours the second week of voting. Some polling places may be open on the weekend. If you don't want to wait in line, don't wait until thw last day to cast your vote!

[-] NatakuNox@lemmy.world 84 points 3 months ago

Texas wants women to be brood sows

[-] FenrirIII@lemmy.world 15 points 3 months ago

Anti-abortion stances hurt minorities most. So, it's surprising that Texas has one. The rate of teen mothers here is ridiculous though. Go out to a mall and you'll find half a dozen within an hour.

[-] NatakuNox@lemmy.world 13 points 3 months ago

Not surprising when you realize pro birthers leadership doesn't care about race as much as ensuring that there's a poor, unhealthy (mentality and physically), and uneducated population to exploit. Ya they are racist but their wealthy donors like Walmart only make money by employing "lower classes" and their customers are that as well. The moment people stop having children in this late capitalist dystopia the whole system falls apart.

[-] AShadyRaven@lemmy.zip 66 points 3 months ago

iirc the hospital tipped the police about the abortion

which does, in fact, make me more angry

[-] MrShankles@reddthat.com 28 points 3 months ago

How does that not violate HIPPA? Do you have a source; out of curiosity?

There's some situations where say, a person may be hospitalized after a car-accident and also has prior warrants out for them (the police were already involved with the wreck and now know the 'wanted' person has gone to a certain hospital). So the police will leave paperwork in the patient's chart, asking for a "courtesy call" when the patient is about to be discharged, so that they can than be arrested. But it's technically not "mandatory" (oh, I was busy and forgot to call the detective!), but the system definitely makes it feel mandatory

But being tipped off about a patients' medical condition‽ So that they can be arrested afterward for said medical condition‽ I'm sorry, but how the actual fuck does that fly in any logical realm?

If true: the hospital should be held accountable for violation of HIPPA, which is a federal law. Fuck their state laws, that's not how it works

[-] Silentiea@lemmy.blahaj.zone 19 points 3 months ago

They are also under suit, for those reasons. Per the article

[-] MrShankles@reddthat.com 5 points 3 months ago

You're right though, I only read the summary and then commented from there. Having now read the full article, it seems that it's the "county" (that runs the hospital) listed in the lawsuit. Why not the hospital themselves? Or is that how the law works (as in, who is liable) when dealing with federal laws that were broken?

[-] Silentiea@lemmy.blahaj.zone 2 points 3 months ago

Maybe it's a county-run hospital? I didn't know the answer to this one, I didn't do any further follow up

[-] gallopingsnail 3 points 3 months ago* (last edited 3 months ago)

Yeah, the Health Insurance Portability and Accountability Act does not allow cops to access your medical records at all, unless they have a warrant. Even if they have a warrant, they can't add or remove anything. No one at the hospital is going to tip off police; we want people to seek care without being afraid of the consequences. If the cops were involved in a car accident, they'll have details from the vehicle registration. They'll follow up when the patient is out of the hospital.

TLDR the cops can't fuck with your medical records, and if the hospital released records illegally whoever did it is fukd.

[-] AShadyRaven@lemmy.zip 3 points 3 months ago

thats a lot of questions im not qualified to answer, unfortunately

I didnt get any further than blind outrage at the situation and fantasies about fist-fighting the people at fault

[-] aquafunk 55 points 3 months ago* (last edited 3 months ago)

D.A. and sheriff have argued their positions provide them immumity from civil lawsuits.

No! No, no, nonono, NO! FUCK YOU. "I'm just doing my job" is not a "get out of jail free" card, and certainly doesn't excuse you from defending your actions. You use the courts to ruin other people's lives when you deem it appropriate? You'd better damn well believe your conduct while doing so is subject to the same processes- criminal and civil. Forget the sheer arrogance of thinking differently -

if you'd think about it for half a second, you supposed justice system experts -

the whole damn thing doesn't work otherwise! Who is going to bother listening to you, holier than thou police officers, when you say the rules don't apply to you!? Are you somehow fucking stumped why people just mysteriously don't like cops? THIS KIND OF BULLSHIT IS A BIG REASON WHY. When you plainly act like the expectactions we hold for each other don't apply to you, you sound like you think you're above the law. You're not royalty, you're not nobility; you are citizens, just like us.

these were choices y'all made. choices have consequences. own your shit. we DO NOT pay you to be mindless law enforcing robots- exercise better judgement next time. you want respect for the difficult job you do? rationally defend your actions OR as you've somewhat tried to do, apologize, and then show you've learned from your mistakes. this "I can't deal with/the system can't deal with the idea that people make bad choices so lets just act like everyone is infallable" is ruining, just RUINING any hope we have of continuing to be a functioning society pulls hair out in frustration

[-] Kashmir@midwest.social 4 points 3 months ago

Even if they were royalty, the guillotine makes us all equal.

[-] Drivebyhaiku@lemmy.world 1 points 3 months ago

I would argue once the guillotine becomes a factor we don't become equal.... Some of us come up short.

I will see myself out.

[-] BigMacHole@lemm.ee 51 points 3 months ago

But remember that Republicans will NEVER use these Laws to Jail Women!

[-] AA5B@lemmy.world 21 points 3 months ago

hospital staff violated patient privacy rights when they reported the abortion

Shouldn’t there be a HIPAA violation here? And Federal law trumps State law

[-] sparr@lemmy.world 17 points 3 months ago

There's a HIPAA exception for actions that cause a person's death. And, wrong as they may be, some of those people actually believe the fetus was a person.

[-] echodot@feddit.uk 7 points 3 months ago

Then they shouldn't be doctors. There is a medical definition for life, and an unborn fetus does not meet that requirement. We can argue all day about personal morals, and whether or not that is a right or wrong assessment, but the fact is that is the current assessment of the medical community and when you're a doctor you follow those rules. Personal beliefs do not come into it. If they do not like it they can quit.

[-] sparr@lemmy.world 1 points 3 months ago

I think you ended up in the wrong subthread. Whether they quit or not, stay doctors or not, has no bearing on whether their actions are HIPAA violations.

[-] Delusional@lemmy.world 20 points 3 months ago

Women should be able to leave the state to get away from any bullshit charges that fascists make up.

[-] UnderpantsWeevil@lemmy.world 17 points 3 months ago

Part of the problem with fascism is that its advocates don't respect anyone's rights.

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[-] slacktoid@lemmy.ml 20 points 3 months ago

Talk about a shithole!!

[-] kibiz0r@midwest.social 9 points 3 months ago

judge rules

Doesn't sound like it.

[-] GiuseppeAndTheYeti@midwest.social 9 points 3 months ago

The judge in this case is allowing the woman affected by the original murder charge to sue the prosecution for $1 million in damages for jailing her for 2 days. It's a garbage ambiguous title meant to farm outrage when it could instead be instilling hope in progressives wanting to undo the harm that took place.

[-] nomous@lemmy.world 2 points 3 months ago

I had to read it twice before it made sense. It really is ambiguously worded.

[-] MapleEngineer@lemmy.world 5 points 3 months ago

They should put the total damages awarded as a result of lawsuits against incumbents along with the portion of those damages paid by every eligible voter by way of their taxes on the ballot next to the incumbent's name. If people knew that hundreds or thousands of their tax dollars had gone to pay damages as a result of lawsuits they might be less likely to vote these assholes back into office.

[-] DudeImMacGyver@sh.itjust.works 2 points 3 months ago

Really? Just a million?

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this post was submitted on 25 Jul 2024
565 points (99.3% liked)

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