In an unsigned opinion, the high court said a federal appeals court took an “overly cramped view” of an earlier precedent that control when people may sue for First Amendment retaliation claims.
Normally, a person alleging retaliatory arrest must demonstrate police had not proven probable cause.
In its opinion Thursday, the court ruled that Gonzalez should be allowed to present her evidence that she was arrested as retaliation for her actions.
“Probable cause defeats a retaliatory arrest claim.”Prosecutors ultimately dropped the charges against Gonzalez.
The Supreme Court did not immediately respond to a request for comment about Alito’s absence.
Persons:
Clarence Thomas, Sylvia Gonzalez, Gonzalez, –, Thomas, “, ” Thomas, ”, Samuel Alito
Organizations:
CNN, Supreme, ” Prosecutors, Appeals
Locations:
Texas, Castle Hills , Texas