Lawrence Hurley covers the Supreme Court for NBC News.
WASHINGTON — The Supreme Court on Wednesday is weighing whether a Texas woman who served on a small-town council can pursue a retaliation claim after she was arrested following her criticisms of a senior official. Sylvia Gonzalez, then 72, was arrested in 2019 after recently taking office as a council member in Castle Hills, Texas, having run for election as a critic of the incumbent city manager.
At issue at the Supreme Court is Gonzalez's effort to overcome a procedural roadblock to pursuing her lawsuit. Under Supreme Court precedent, if police had probable cause to make an arrest, it is difficult for plaintiffs to bring a civil rights claim. Gonzalez's lawyers at the Institute for Justice, a libertarian legal group, say she should be able to bring her claim under a 2019 Supreme Court ruling called Nieves v. Bartlett.
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