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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