Gonzalez v. Trevino

In 2019, Sylvia Gonzalez, a newly elected city councilwoman in Castle Hills, Texas, advocated for the removal of the city manager. After a council meeting, she inadvertently placed a citizens' petition in her binder. Mayor Edward Trevino and the police chief then arrested her on charges of tampering with a government record. Gonzalez sued, alleging the arrest was retaliation for her speech in violation of the First Amendment. The district court and the Fifth Circuit ruled against her, holding that the existence of probable cause barred her claim. The U.S. Supreme Court reversed on June 20, 2024, holding that probable cause does not automatically defeat a retaliatory arrest claim if the plaintiff can present evidence that similarly situated individuals who did not engage in protected speech were not arrested.

The Supreme Court vacated the Fifth Circuit's judgment and remanded, ruling 6-3 that probable cause does not categorically bar a retaliatory arrest claim. A plaintiff may survive dismissal by showing that others not engaged in protected speech were not arrested for similar conduct.

Whether a plaintiff alleging a retaliatory arrest in violation of the First Amendment must prove the absence of probable cause to proceed with the claim.

The decision significantly lowers the evidentiary hurdle for plaintiffs in retaliatory arrest cases, strengthening First Amendment safeguards. It serves as a warning to public officials against misusing arrest powers to suppress dissent, potentially reshaping how municipalities handle politically sensitive law enforcement actions.