- Term
- 2023-2024
Gonzalez v. Trevino
Sylvia Gonzalez, at the time a city council member, alleged that during a protest, she was arrested by Castle Hill, Texas police in retaliation for calling for the removal of the pro-police city manager. The police claimed they had probable cause to arrest her, but Gonzalez argued that under a prior Supreme Court case — Nieves v. Bartlett — a retaliatory arrest case can proceed even if there is probable cause provided that the police typically do not exercise their discretion to arrest. The Supreme Court considered whether to curb the right to protest, insulate officials from accountability for retaliatory arrests, and further embolden the carceral state.
On June 20, 2024, in an 8-1 decision, the Supreme Court allowed Gonzalez’s lawsuit against the police to continue, holding that the Fifth Circuit — which had previously ruled against Gonzalez — had erred and applied the Nieves exception too narrowly. Justice Thomas dissented.
