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The Supreme Court weighs whether a Texas woman who served on a small-town council can pursue a retaliation claim after she was arrested following her criticisms of a senior official.
Gonzalez v. Trevino, 602 U.S. 653 (2024), is a United States Supreme Court case in which the court held that plaintiffs alleging retaliatory arrest need only provide evidence that their arrest occurred in circumstances where probable cause exists to arrest, but officers typically exercise discretion and decline to arrest. [1]
Gonzalez was arrested in 2019 for allegedly stealing a government document soon after taking office as city council member. [ U.S. Supreme Court hears Texas case on politically motivated arrests ]
The Supreme Court on Thursday allowed a Texas woman who served on a small-town council to continue her lawsuit against her mayor after she was arrested for what she claims were political reasons.
He alleged the arrest was in retaliation for his outspoken criticism of city officials. The city argued that the logic of Hartman extended to retaliatory arrest. The Supreme Court, however, allowed his claim to proceed, emphasizing that retaliatory intent could be inferred if the arrest was part of an official policy of retaliation. [2] [3] [4 ...
The Court opined that the placement of the mixed-motive test in the status-based discrimination section and not the retaliation section indicated Congress' intent to exclude retaliation claims from that standard. The Court then turned to the text of the retaliation provision and found it similar to the ADEA provision addressed in Gross v.
The social norm of reciprocity is the expectation that people will respond to each other in similar ways—responding to gifts and kindnesses from others with similar benevolence of their own, and responding to harmful, hurtful acts from others with either indifference or some form of retaliation.
The judicial system of Texas has a reputation as one of the most complex in the United States, [10] with many layers and many overlapping jurisdictions. [11] Texas has two courts of last resort: the Texas Supreme Court, which hears civil cases, and the Texas Court of Criminal Appeals. Except in the case of some municipal benches, partisan ...