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No. 22-1025October Term 2023Decided Jun 20, 2024

Docket 22-1025October Term 2023 (2023–2024)

Gonzalez v. Trevino

This case clarified the evidence required to prove a First Amendment retaliatory arrest claim when probable cause for the arrest exists.

Case status

Current stage
Decided
Latest event
Decision released Jun 20, 2024
Case AcceptedOct 13, 2023
Arguments HeardMar 20, 2024
Decision ReleasedJun 20, 2024
What it's about

This case clarified the evidence required to prove a First Amendment retaliatory arrest claim when probable cause for the arrest exists. The Supreme Court held that plaintiffs are not strictly required to provide specific examples of others not being arrested for similar conduct, but may instead use other objective evidence to show the arrest was retaliatory.

Question presented

Did the Fifth Circuit err in requiring petitioner Sylvia Gonzalez to provide specific comparator evidence to support her retaliatory arrest claim?

Case path

United States Court of Appeals for the Fifth Circuit / Decision released Jun 20, 2024

Area

First Amendment

Timing

Decided June 20, 2024

The Court released its decision 92 days after oral argument on March 20, 2024. The median for cases argued in March is 83 days.

Based on 44 merits cases argued in March since 1995.Argument and decision days