CASTLE HILLS, Texas — This story was originally published in the Texas Tribune.
The U.S. Supreme Court on Thursday revived the civil rights claim of a Texas woman who had sued her city for what she claims was a politically motivated arrest.
The ruling gives plaintiff Sylvia Gonzalez, 76, another chance to pursue her retaliation claim against the San Antonio suburb of Castle Hills. Gonzalez was arrested in 2019 for allegedly stealing a government document soon after taking office as city council member.
Gonzalez said she had mistakenly placed a paper copy of a petition — urging the city to remove its city manager — in her binder before she realized the mistake. The mayor, Edward Treviño, confronted Gonzalez about her possession of the document and alerted police.
Weeks later Gonzalez was charged with tampering with government documents, a misdemeanor. She turned herself in and was held for one night in Bexar County Jail. The charges were later dropped.
Gonzalez, the city’s first Latina council member, claimed her arrest had come as retaliation for the contents of the petition itself, which accused the city manager of failing to do his job. She then sued the city and several officials, saying they had violated her First Amendment rights.
The U.S. 5th Circuit Court of Appeals ruled against Gonzales, saying she had not provided enough evidence to support her claim that the arrest was an act of political retribution. The Supreme Court, however, found that the lower court misinterpreted the key case law that is cited in its decision.
The case, Gonzalez v. Trevino, will now head back to lower courts for further consideration.
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