Supreme Court of the United States

Gonzalez v. Trevino

June 20, 2024602 U.S. 653

Summary

The Supreme Court held that the Fifth Circuit erred by requiring plaintiffs to produce specific comparator evidence to satisfy the Nieves exception. The Court clarified that any objective evidence showing that similarly situated individuals not engaged in protected speech were not arrested suffices. Accordingly, the Court vacated the appellate judgment and remanded for the lower courts to determine whether Gonzalez’s survey meets the exception.

Holding

  • Whether the Fifth Circuit's requirement that a plaintiff must provide specific comparator evidence of similarly situated individuals not engaged in protected speech to satisfy the Nieves exception is proper.. The Court rejected the Fifth Circuit's strict comparator requirement, holding that the Nieves exception only requires objective evidence that similarly situated individuals not engaged in protected speech were not arrested, not specific identifiable comparators.

Docket 22-1025

Cited authorities

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