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Gonzalez v. Trevino

Docket No.22-1025
Op. Below5th Cir.
ArgumentMar 20, 2024

Holding

In requiring petitioner Sylvia Gonzalez to provide specific comparator evidence to support her retaliatory arrest claim, the U.S. Court of Appeals for the 5th Circuit did not properly apply the principles of Nieves v. Barlett.

Judgment

Vacated and remanded on Jun 20, 2024. Justice Alito filed a concurring opinion. Justice Kavanaugh filed a concurring opinion. Justice Jackson filed a concurring opinion, in which Justice Sotomayor joined. Justice Thomas filed a dissenting opinion.

Proceedings & orders timeline

Apr 20, 2023
Petition for a writ of certiorari filed. (Response due May 24, 2023)
Apr 27, 2023
Brief amicus curiae of Law Enforcement Action Partnership filed.
May 2, 2023
Brief amici curiae of American Civil Liberties Union, et al. filed.
May 4, 2023
Waiver of right of respondents Edward Trevino, et al. to respond filed.
May 8, 2023
Brief amici curiae of Law Professors filed. (Distributed)
May 9, 2023
DISTRIBUTED for Conference of 5/25/2023.
May 12, 2023
Brief amici curiae of Constitutional Accountability Center and Institute for Constitutional Advocacy and Protection filed.
May 12, 2023
Brief amicus curiae of Fane Lozman filed.
May 15, 2023
Response Requested. (Due June 14, 2023)
May 24, 2023
Brief amicus curiae of Thomas More Society filed.
Jun 8, 2023
Brief of respondents Edward Trevino, II, et al. in opposition filed.
Jun 14, 2023
Brief amicus curiae of Texas Public Policy Foundation filed.
Jun 27, 2023
Reply of petitioner Sylvia Gonzalez filed. (Distributed)
Jun 28, 2023
DISTRIBUTED for Conference of 9/26/2023.
Sep 21, 2023
Supplemental brief of petitioner Sylvia Gonzalez filed. (Distributed)
Sep 27, 2023
Supplemental brief of respondents Edward Trevino, et al. filed. (Distributed)
Oct 2, 2023
DISTRIBUTED for Conference of 10/6/2023.
Oct 10, 2023
DISTRIBUTED for Conference of 10/13/2023.
Oct 13, 2023
Petition GRANTED.
Oct 23, 2023
Motion for an extension of time filed (see amended motion of 11/7/23).
Nov 7, 2023
Amended motion for an extension of time to file the briefs on the merits filed.
Nov 9, 2023
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 11, 2023. The time to file respondents' brief on the merits is extended to and including January 24, 2024.
Dec 11, 2023
Brief of petitioner Sylvia Gonzalez filed.
Dec 11, 2023
Joint appendix filed. (Statement of costs filed)
Dec 15, 2023
Brief amicus curiae of Law Professors filed.
Dec 18, 2023
Brief amicus curiae of Roderick & Solange MacArthur Justice Center filed.
Dec 18, 2023
Brief amicus curiae of Fane Lozman filed.
Dec 18, 2023
Brief amicus curiae of Reporters Committee for Freedom of the Press filed.
Dec 18, 2023
Brief amicus curiae of Thomas More Society filed.
Dec 18, 2023
Brief amici curiae of Constitutional Accountability Center, et al. filed.
Dec 18, 2023
Brief amicus curiae of Institute for Free Speech filed.
Dec 18, 2023
Brief amicus curiae of Law Enforcement Action Partnership filed.
Dec 18, 2023
Brief amici curiae of American Civil Liberties Union, et al filed.
Dec 18, 2023
Brief amicus curiae of The National Police Accountability Project filed.
Dec 18, 2023
Brief amicus curiae of United States in support of neither party filed.
Jan 12, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 24, 2024
Brief of respondents Edward Trevino, et al. filed.
Jan 26, 2024
Brief amicus curiae of National Sheriffs’ Association filed.
Jan 29, 2024
SET FOR ARGUMENT on Wednesday, March 20, 2024.
Jan 30, 2024
Record requested from the United States Court of Appeals for the Fifth Circuit.
Jan 31, 2024
Brief amici curiae of Alaska, et al. filed.
Jan 31, 2024
Brief amici curiae of Local Government Legal Center, et al. filed.
Jan 31, 2024
Brief amicus curiae of Texas filed.
Jan 31, 2024
Brief amici curiae of Texas Association of Counties, et al. filed.
Feb 5, 2024
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Feb 8, 2024
Record received electronically from the United States District Court for the Western District of Texas and available with the Clerk.
Feb 14, 2024
CIRCULATED
Feb 20, 2024
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 23, 2024
Reply of petitioner Sylvia Gonzalez filed. (Distributed)
Mar 20, 2024
Argued. For petitioner: Anya A. Bidwell, Arlington, Va. For United States, as amicus curiae: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.
Jun 20, 2024
Judgment VACATED and case REMANDED. Opinion per curiam. Alito, J., filed a concurring opinion. Kavanaugh, J., filed a concurring opinion. Jackson, J., filed a concurring opinion, in which Sotomayor, J., joined. Thomas, J., filed a dissenting opinion.
Jul 22, 2024
Judgment Issued.

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