AUSTIN, Texas– A Texas man who sued his ex-wife’s friends for helping her obtain an abortion informed the court that the two sides had reached a settlement. renounce the need for a lawsuit that would have tested his argument that their actions amounted to aiding and abetting a wrongful death.
Lawyers for Marcus Silva and the three women he sued last year filed court papers this week saying they had reached an agreement. As of Friday, the judge had not yet signed the settlement. Court records did not detail the terms, but a spokesperson for the defendants said the settlement did not involve any financial strings.
“While we are grateful that this fraudulent case is finally over, we are angry at ourselves and others who have been terrorized for the simple act of supporting a friend facing abuse,” said Jackie Noyola, one of the women , in a statement. “No one should ever have to fear punishment, criminalization or a lengthy court battle for helping someone they care about.”
Abortion rights advocates worried that the case could open new avenues for redress against people who help women obtain abortions, creating a chilling effect in Texas and across the country.
Silva filed a petition last year to sue the friends of his ex-wife, Brittni Silva, for providing her with abortion pills. He claimed their assistance was tantamount to aiding a murder and sought $1 million in damages, according to court documents.
Two of the defendants, Noyola and Amy Carpenter, sued Silva for invasion of privacy. They dropped their counterclaims Thursday evening after the settlement was reached.
“This case was about using the legal system to harass us for helping our friend, and to scare others into doing the same,” Carpenter said. ‘But the claims were withdrawn because they had nothing. We haven’t done anything wrong and we wouldn’t. it all again.”
Brittni and Marcus Silva divorced in February 2023, a few weeks before Silva filed his lawsuit. The defendants alleged in their countersuit that Silva was a “serial emotional abuser” bent on revenge and that he illegally searched Brittni’s phone without her consent.
Silva was represented by Jonathan Mitchell, a former Texas attorney general who helped draft one strict abortion law in Texas known as Senate Bill 8 at the U.S. Supreme Court overturned Roe v. Wade in 2022.
Mitchell declined to comment Friday.
Brittni Silva took the medication in July 2022, according to court documents. It took a few weeks after the Supreme Court allowed states to impose abortion bans. The lawsuit alleged that text messages were shared between the defendants discussing how to obtain the abortion medication.
Earlier this year, an appeals court blocked an attempt by Silva’s attorney to gather information from his ex-wife for the wrongful death lawsuit against her friends. The decision was upheld by the Texas Supreme Court, which criticized Silva in the footnotes of a concurring opinion signed by two of its conservative justices, Jimmy Blacklock and Phillip Devine.
“He has engaged in shamefully cruel harassment and intimidation of his ex-wife,” the opinion said. “I cannot imagine any legitimate excuse for Marcus’ behavior as reflected in this report, many details of which are not suitable for reproduction in a legal opinion.”
Abortion is a big issue this campaign season and is the most important issue number one priority for women under 30according to research results from KFF.
Thirteen states ban abortions at all stages of pregnancy, including Texas, which has some of the strictest restrictions in the country. Nine states passed ballot measures in this election to protect the right to abortion.
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Lathan is a staff member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
