Supreme Court allows ex-council member’s retaliatory arrest lawsuit to move forward

Supreme Court allows ex-council member’s retaliatory arrest lawsuit to move forward

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The court handed a win to a former-city council member in Texas on Thursday, clearing the way for her federal civil rights claim to move forward. Sylvia Gonzalez contends that her 2019 arrest on charges that she had tampered with government records came in retaliation for her criticism of the city manager in Castle Hills, Tex. In a brief unsigned opinion, the justices reinstated Gonzalez’s claim after a federal appeals court had thrown it out, holding that the lower … Read the rest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

Outspoken critic on Texas city council seeks to revive lawsuit over retaliatory arrest

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Four years ago, the Supreme Court ruled in Nieves v. Bartlett that a plaintiff who alleges he was arrested in retaliation for speech protected by the First Amendment must show that police lacked probable cause to arrest him. However, the decision carved out an exception to deal with situations in … Read the rest