Texas councilwoman can sue over arrest she claims was politically motivated, Supreme Court rules

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.

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. The court’s opinion was unsigned and Justice Clarence Thomas wrote the only public dissent. Sylvia Gonzalez was arrested in 2019 shortly after she took her seat as a council member in Castle Hills, Texas, following a campaign in which she heavily criticized the city manager. Gonzalez, then 72, was arrested for stealing a government document at a council meeting – a charge that stemmed from what she said was an inadvertent shuffling of papers and what city officials said may have been motivated by a cover-up. Though it was a local political dispute, the case nevertheless presented an important First Amendment question for the Supreme Court: When may people sue government officials for First Amendment retaliation claims – and when are those suits barred by a legal doctrine known as qualified immunity that shields those officials from certain suits? Normally, a person alleging retaliatory arrest must demonstrate police had not proven probable cause. But there is an exception: Police are not shielded from such lawsuits if officers often exercise discretion not to arrest – say, for petty crimes like jaywalking.