Retaliatory arrest

Gonzalez v. Trevino: Fifth Circuit too narrowly applied “Nieves exception” to bar retaliatory arrest claim

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender The Fifth Circuit too narrowly applied the “Nieves exception” to bar a retaliatory-arrest claim where the plaintiff was able to show objective evidence that similarly situated people were not arrested, even though her arrest was supported by probable cause, the U.S. Supreme Court […]

The Supreme Court Just Made It Easier for Police to Testify that All Defendants Are Guilty

An opinion piece by Josh Perry On June 20th the Supreme Court struck down some extra-textual barriers to civil suits for retaliatory arrest and malicious prosecution – while making it much easier for accused people to get wrongfully prosecuted and convicted in the first place. It’s a bad trade-off. Everyone agrees that Delilah Diaz drove […]

Topic: Retaliatory arrest

Gonzalez v. Trevino: Fifth Circuit too narrowly applied “Nieves exception” to bar retaliatory arrest claim

The Supreme Court Just Made It Easier for Police to Testify that All Defendants Are Guilty