Supreme Court Reinstates Retaliatory Arrest Case

The U.S. Supreme Court today reinstated a retaliatory arrest case, Gonzales v. Trevino, No. 22-1025. The Court held that where the plaintiff concedes there was probable cause for an arrest but claims others are not arrested for the same conduct, the Fifth Circuit applied an excessively severe requirement on what the plaintiff must show.

The opinion is per curiam, meaning it comes from the Court as a whole with no Justice identified as the author.