Gonzalez v. Trevino
U.S. Supreme Court · decided June 20, 2024 · Supreme Court Database (Spaeth)
- Decided
- June 20, 2024
- Term
- October Term 2023
- Vote
- 8–1
- Issue area
- First Amendment
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) Cite as: 602 U. S. ____ (2024) 1 Per Curiam NOTICE: This opinion is subject to formal revision before publication in the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. SUPREME COURT OF THE UNITED STATES _________________ No. 22–1025 _________________ SYLVIA GONZALEZ, PETITIONER v. EDWARD TREVINO, II, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [June 20, 2024] PER CURIAM. In Nieves v. Bartlett, 587 U. S. 391 , 402 (2019), this Court held that, as a general rule, a plaintiff bringing a retalia- tory-arrest claim “must plead and prove the absence of probable cause for the arrest.” At the same time, we recog- nized a narrow exception to that rule. The existence of probable cause does not defeat a plaintiff ’s claim if he pro- duces “objective evidence that he was arrested when other- wise similarly situated individuals not engaged in the same sort of protected speech had not been.” Id., at 407. We granted certiorari in this case to consider whether the Fifth Circuit properly applied these principles. It did not. We therefore vacate that court’s judgment and remand for pro- ceedings consistent with this opinion. I In 2019, Sylvia Gonzalez ran for a seat on the…
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