Texas Man Files Lawsuit Against 3 Women Who Allegedly Helped His Wife Obtain Abortion Pills

A Texas man filed a wrongful-death lawsuit against three women late last week, alleging that they helped his then-wife self-manage a medication abortion in July of 2022.

Attorneys from the Thomas More Society filed the civil lawsuit in Galveston County District Court, calling it the first ever wrongful death lawsuit “brought by a father of an unborn child that was killed in an illegal abortion.” Silva’s lead attorney is former Texas Solicitor General Jonathan Mitchell, who is known for helping craft the Texas Heartbeat Act, SB 8. The law bans abortions once a fetal heartbeat is detected and contains a unique enforcement mechanism whereby any private citizen may file a civil lawsuit against an abortion provider or any other individual who “aids or abets” a “criminal abortion.”

The plaintiff, Marcus Silva, is accusing Jackie Noyola, Amy Carpenter, and Aracely Garcia of assisting his then-wife Brittni Silva in an unlawful abortion by providing her with illegally obtained abortion pills and conspiring with her to conceal the pregnancy and the abortion from him. Silva will also sue the manufacturer of the pill that was allegedly used in the abortion once the manufacturer is identified, according to his attorneys. 

“Abortion harms not only the unborn children who are killed, but also the fathers who have had their fatherhood stolen from them,” said Peter Breen, executive vice president and head of litigation at the Thomas More Society. “We commend Mr. Silva for stepping forward, and we will help any father who seeks justice on behalf of his unborn child who is killed in an unlawful abortion.”

The petition alleges that Brittni Silva, Noyola, and Carpenter conspired via text to obtain abortion pills to end the life of Silva’s unborn baby, and that Noyola and Carpenter each offered Silva the use of their homes for the medication abortion. The petition also alleges that Noyola conspired with Garcia to obtain the abortion pills in Houston and deliver them to Silva so she could self-manage an abortion. 

Screenshots of the alleged texts included in the lawsuit show Brittni Silva allegedly telling Noyola and Carpenter that her then-husband might use her pregnancy to convince her to stay with him. 

“I know either way he will use it against me,” a screenshot of an alleged text from Brittni to Noyola and Carpenter reads. “If I told him before, which I’m not, he would use it as  [sic] try to stay with me. And after the fact, I know he will try to act like he has some right to the decision. At that point at least it won’t matter though.”

Marcus and Brittni Silva were husband and wife at the time but divorced in February 2023. The petition states that Marcus Silva only recently learned of the women’s alleged involvement in the abortion of his unborn baby.

The lawsuit argues that the state’s wrongful-death statute imposes civil liability on anyone who assists an illegal abortion, “and abortion has been outlawed in Texas since June 24, 2022 — the date on which the the United States Supreme Court announced its ruling in Dobbs v. Jackson Women’s Health Organization.”

The lawsuit reads:

The abortion of Silva’s child took place in July 2022, after the Dobbs ruling. Self-managed abortion has been illegal in Texas even prior to Dobbs decision. The women who assisted with this illegal abortion also face the prospect of murder charges, as Texas law defines the crime of murder to include the intentional killing of an unborn child and assisting in a self-managed abortion, according to Texas Penal Code §§ 1.07, 19.02, 19.06. Silva is not bringing any claims against his former wife, who is immune from civil and criminal liability under Texas law.

The lawsuit further argues that Noyola, Carpenter, and Garcia “each caused the death of baby Silva through their wrongful act” and that abortion is a criminal offense in Texas unless the life of the mother is endangered.

“[A]nd the abortion of baby Silva occurred after Dobbs v. Jackson Women’s Health Organization, which eliminated any court-invented license to flout or disregard the state’s abortion laws,” the petition reads. “Assisting a self-managed abortion in Texas is also an act of murder. And even before Dobbs, abortion was illegal in Texas when performed by anyone other than a licensed physician.”

“Defendants Noyola, Carpenter, and Garcia all knew that they were aiding or abetting a self-managed abortion, which is a wrongful act and a criminal act of murder under Texas law, and each of them has the mens rea needed to trigger application of the wrongful-death statute,” the lawsuit alleges.

Marcus Silva is asking the court to award of nominal compensatory and punitive damages against each of the women in an amount over $1 million, and an injunction that restrains them from distributing abortion pills or assisting in illegal self-managed abortions in Texas. He is also asking for an award of costs and attorneys’ fees. 

The case is Silva v. Noyola, No. 23-cv-375 in the District Court of Galveston County.