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U.S. Supreme Court Deliberates on Retaliatory Arrest Case

The case examines if individuals can sue for politically motivated arrests after criticizing government officials.

Sylvia Gonzalez
Former Castle Hills, Tex. city council member Sylvia Gonzalez left politics after she was arrested charges that she tampered with government records. (Institute for Justice)
Sylvia Gonzalez, a 76-year-old retiree and a resident of Castle Hills, Texas, who was arrested in punishment for criticizing the city's management and officials.
Sylvia Gonzalez, 77, sits in her Castle Hills home the weekend before her lawsuit against the suburban city is heard at the U.S. Supreme Court on Wednesday. While serving on the city council, Gonzalez, then 72, was jailed on a charge of tampering with a public document, which her lawyers say was retaliation for supporting a petition to remove the city manager.    

Overview

  • The Supreme Court heard arguments in a case involving Sylvia Gonzalez, a former Texas council member arrested for criticizing a city manager.
  • Gonzalez sued Castle Hills and several officials, claiming her arrest was retaliation for exercising her First Amendment rights.
  • The central legal question is whether retaliatory arrest claims are viable when officers have probable cause.
  • In 2019, Gonzalez was charged with tampering with a government document, a charge later dropped.
  • Justices expressed skepticism over the narrow interpretation of previous case law by the 5th Circuit Court of Appeals.