Gonzalez v. Trevino
Case Overview
Sylvia Gonzalez was elected to Castroville, Texas city council and immediately circulated a petition calling for removal of the city manager: allied with the opposing mayor. Within months she was arrested on a charge of mishandling a petition collected during a city council meeting: a charge no one in the county had ever been prosecuted for. She sued for retaliatory arrest under the First Amendment. The Supreme Court ruled 6-3 in June 2024 that Nieves v. Bartlett allows narrow exceptions where a plaintiff shows objective evidence that others who committed the same offense were not prosecuted.
The Conclusion
**The Supreme Court held 6-3 that retaliatory arrest claims survive Nieves v. Bartlett if a plaintiff shows objective evidence that others committed the same offense without prosecution.** Gonzalez, arrested for circulating a petition calling for removal of the city manager, could advance her First Amendment retaliation claim on that showing.
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Case Analysis
Conclusion
**The Supreme Court held 6-3 that retaliatory arrest claims survive Nieves v. Bartlett if a plaintiff shows objective evidence that others committed the same offense without prosecution.** Gonzalez, arrested for circulating a petition calling for removal of the city manager, could advance her First Amendment retaliation claim on that showing.
Notes
OT2023. Added via SCOTUS bulk import 2026-05-14
Overview
Sylvia Gonzalez was elected to Castroville, Texas city council and immediately circulated a petition calling for removal of the city manager. Allied with the opposing mayor. Within months she was arrested on a charge of mishandling a petition collected during a city council meeting. A charge no one in the county had ever been prosecuted for. She sued for retaliatory arrest under the First Amendment. The Supreme Court ruled 6-3 in June 2024 that Nieves v. Bartlett allows narrow exceptions where a plaintiff shows objective evidence that others who committed the same offense were not prosecuted.
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