Gonzalezv.Trevino
Sylvia Gonzalez alleged that officials retaliated against her for gathering signatures on a petition seeking removal of a city manager. She was arrested under a Texas anti-tampering statute, and she relied on data suggesting that the statute had not previously been used against similar conduct in the county. The Supreme Court of the United States held that the lower court applied the exception to a retaliatory-arrest rule too narrowly. A plaintiff may proceed when objective evidence shows that similarly situated people who did not engage in the protected speech were not arrested, and a complete statistical record is not required at the pleading stage. The Court vacated the judgment and remanded for application of that standard. Justice Thomas dissented, arguing that probable cause should defeat the claim and that the Court lacked a historical basis for expanding the exception.
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