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GONZALEZ v. TREVINO

No. 21-50276.

42 F.4th 487 (2022)

Sylvia GONZALEZ, Plaintiff-Appellee, v. Edward TREVINO, II, Mayor of Castle Hills, Sued in His Individual Capacity; John Siemens, Chief of the Castle Hills Police Department, Sued in His Individual Capacity; Alexander Wright, Sued in His Individual Capacity, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed: July 29, 2022.

Attorney(s) appearing for the Case

Anya Bidwell, Attorney, William R. Aronin, Patrick M. Jaicomo, Institute for Justice, Arlington, VA, for Plaintiff-Appellee.

Scott Michael Tschirhart, Denton, Navarro, Rocha, Bernal & Zech, P.C., Austin, TX, Lowell Frank Denton, Denton, Navarro, Rocha, Bernal & Zech, P.C., San Antonio, TX, for Defendants-Appellants.

Devi Rao, Roderick & Solange MacArthur Justice Center, Washington, DC, for Amici Curiae Roderick & Solange MacArthur Justice Center, American Civil Liberties Union, National Police Accountability Project, American Civil Liberties Union of Texas.

Brianne Jenna Gorod, Constitutional Accountability Center, Washington, DC, for Amicus Curiae Constitutional Accountability Center.

Before Barksdale, Engelhardt, and Oldham, Circuit Judges.

In this case, we are confronted with a dilemma that the Supreme Court has wrestled with recently: how are we to treat a plaintiff's claims when she asserts retaliatory arrest for engaging in conduct protected by the First Amendment, but concedes that there exists probable cause for the arrest? As we are bound by...

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