Robin Mayfield, et al. v. Butler Snow, L.L.P., et al.

The questions presented to this Court are:

1. Whether, in the case of an alleged retaliatory arrest in violation of the First Amendment, Nieves v. Bartlett requires a plaintiff to identify other individuals who engaged in similar conduct yet were not arrested. This is the same question that will be decided in Gonzalez v. Trevino.

2. Whether the Mt. Healthy burden-shifting standard adopted in Lozman v. City of Riviera, 138 S. Ct. 1945 (2018) applies equally to warrant-based retaliatory arrest claims. Though phrased differently, this is much like the second question that will be decided in Gonzalez.

3. In the case of an arrest made with a warrant, whether the Fourth Amendment requires the arresting officer to have probable cause specifically for the crime cited in the warrant or is it constitutionally sufficient for the officer to have probable cause for a separate crime not mentioned in the warrant. Last month, this Court granted certiorari in Gonzalez v. Trevino, No. 22-1025, certiorari granted (October 13, 2023) with two questions presented: (1) whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened, and (2) whether the Nieves probable cause exception is limited to individual claims against arresting officers for splitsecond arrests. This petition seeks review of these same questions presented in Gonzalez. This petition further seeks review of a circuit split under the Fourth Amendment over whether Devenpeck v. Alford, 543 U.S. 146 (2004) applies to