Supreme Court of the United States · Official docket →
Sylvia Gonzalez v. Edward Trevino, II, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-50276 · judgment July 29, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In Nieves v. Bartlett, this Court held that probable cause does not bar a retaliatory arrest claim against a "police officer" when a plaintiff shows "that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been." 139 S. Ct. 1715, 1727 (2019). The circuits admittedly disagree on whether only specific examples of non-arrests, Pet. App. 28-29 (5th Cir. 2022), or any "objective proof of retaliatory treatment" can satisfy this standard, Lund v. City of Rockford, 956 F.3d 938, 945 (7th Cir. 2020); see also Ballentine v. Tucker, 28 F.4th 54, 62 (9th Cir. 2022). Here, a 72-year-old councilwoman organized a petition criticizing a city manager, and unwittingly placed it in her binder during a council meeting. Two months later, respondents-the city manager's allies- engineered her arrest for tampering with a government record. That charge has no precedent involving similar conduct, was supported by an affidavit based on the councilwoman's viewpoints, and skirted ordinary procedures to ensure her jailing. The councilwoman sued respondents but no arresting officer. The questions presented are:
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Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened.
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Whether the Nieves probable cause rule is limited to individual claims against arresting officers for split-second arrests.
Counsel of record
For petitioner
Anya Aleksandrovna Bidwell
Institute for Justice
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
7 cert-stage · 16 merits
(11 supporting pet./neither, 5 respondent)
Argument & decision
Argued March 20, 2024 — Anya A. Bidwell · Nicole F. Reaves · Lisa S. Blatt. Audio and transcript
Decided June 20, 2024. Opinion by Per Curiam.
Proceedings
- Jul 22 2024Judgment Issued.
- Jun 20 2024Judgment VACATED and case REMANDED. Opinion per curiam. Alito, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion. Jackson, J., filed a concurring opinion, in which Sotomayor, J., joined. Thomas, J., filed a dissenting opinion.
- Mar 20 2024Argued. For petitioner: Anya A. Bidwell, Arlington, Va. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.
- Feb 23 2024Reply of petitioner Sylvia Gonzalez filed. (Distributed)
- Feb 20 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Feb 14 2024CIRCULATED
- Feb 08 2024Record received electronically from the United States District Court for the Western District of Texas and available with the Clerk.
- Feb 05 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Jan 31 2024Brief amici curiae of Alaska, et al. filed.
- Jan 31 2024Brief amici curiae of Local Government Legal Center, et al. filed.
- Jan 31 2024Brief amicus curiae of Texas filed.
- Jan 31 2024Brief amici curiae of Texas Association of Counties, et al. filed.
- Jan 30 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Jan 29 2024SET FOR ARGUMENT on Wednesday, March 20, 2024.
- Jan 26 2024Brief amicus curiae of National Sheriffs’ Association filed.
- Jan 24 2024Brief of respondents Edward Trevino, et al. filed.
- Jan 12 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Dec 18 2023Brief amicus curiae of Roderick & Solange MacArthur Justice Center filed.
- Dec 18 2023Brief amicus curiae of Fane Lozman filed.
- Dec 18 2023Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
- Dec 18 2023Brief amicus curiae of Thomas More Society filed.
- Dec 18 2023Brief amici curiae of Constitutional Accountability Center, et al. filed.
- Dec 18 2023Brief amicus curiae of Institute for Free Speech filed.
- Dec 18 2023Brief amicus curiae of Law Enforcement Action Partnership filed.
- Dec 18 2023Brief amici curiae of American Civil Liberties Union, et al filed.
- Dec 18 2023Brief amicus curiae of The National Police Accountability Project filed.
- Dec 18 2023Brief amicus curiae of United States in support of neither party filed.
- Dec 15 2023Brief amicus curiae of Law Professors filed.
- Dec 11 2023Brief of petitioner Sylvia Gonzalez filed.
- Dec 11 2023Joint appendix filed. (Statement of costs filed)
- Nov 09 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 11, 2023. The time to file respondents' brief on the merits is extended to and including January 24, 2024.
- Nov 07 2023Amended motion for an extension of time to file the briefs on the merits filed.
- Oct 23 2023Motion for an extension of time filed (see amended motion of 11/7/23).
- Oct 13 2023Petition GRANTED.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Oct 02 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 27 2023Supplemental brief of respondents Edward Trevino, et al. filed. (Distributed)
- Sep 21 2023Supplemental brief of petitioner Sylvia Gonzalez filed. (Distributed)
- Jun 28 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 27 2023Reply of petitioner Sylvia Gonzalez filed. (Distributed)
- Jun 14 2023Brief amicus curiae of Texas Public Policy Foundation filed.
- Jun 08 2023Brief of respondents Edward Trevino, II, et al. in opposition filed.
- May 24 2023Brief amicus curiae of Thomas More Society filed.
- May 15 2023Response Requested. (Due June 14, 2023)
- May 12 2023Brief amici curiae of Constitutional Accountability Center and Institute for Constitutional Advocacy and Protection filed.
- May 12 2023Brief amicus curiae of Fane Lozman filed.
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- May 08 2023Brief amici curiae of Law Professors filed. (Distributed)
- May 04 2023Waiver of right of respondents Edward Trevino, et al. to respond filed.
- May 02 2023Brief amici curiae of American Civil Liberties Union, et al. filed.
- Apr 27 2023Brief amicus curiae of Law Enforcement Action Partnership filed.
- Apr 20 2023Petition for a writ of certiorari filed. (Response due May 24, 2023)