Thread by @pjaicomo

In #QualifiedImmunity news, a 2-1 5th Cir. granted QI to a group of Castle Hills, TX officials who conspired to throw @IJ client and then-72yo Sylvia Gonzalez in jail for exercising her #FirstAmendment rights to speech and petition. #AppellateTwitter
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ca5.uscourts.gov/opinions/pub/2…

More specifically, the court held that because there was probable cause for a made-up misdemeanor charge, it did not matter that the mayor, police chief, and others conspired to have Syliva jailed for speaking out. (The decision represents a narrow interpretation of Nieves.) 2/

Although @IJ and Sylvia proved that, over a decade no one in Bexar Cnty. TX has EVER been charged under the statute used to charge Sylvia for similar conduct, the only sufficient evidence is proving a negative; find people who jaywalked and DIDN'T get a ticket. (Impossible.) 3/

Still, as the majority's language above repeatedly indicates: it is uncomfortable with (what it interprets to be) the rule from #SCOTUS. Moreover, there is now a circuit split on this issue, also acknowledged: 4/

And who writes a POWERFUL dissent in this #QualifiedImmunity case? Conservative, Trump appointee Judge Oldham. 5/

The dissent is excellent and perfectly highlights why #SCOTUS decisions Nieves and Lozman should allow Sylvia's #FirstAmendment claim to go forward in light of overwhelming evidence that the defendants conspired to and did retaliate against her speech and petition rights: 6/

Protected activity cannot justify a planned-out arrest under Nieves, which was focused on split-second decision making. 7/

The Castle Hills officials here CLEARLY conspired to retaliate against Sylvia, including by intentionally circumventing the DA. And the probable cause affidavit by a "faux detective" (Oldham's words) explicitly proves the arrest was based on #FirstAmendment activity. 8/

The Supreme Court's decision in Lozman should factor in here too, says Oldham: 9/

In the end, #QualifiedImmunity should not apply. Probable cause or not, it's abundantly and objectively clear that Castle Hills officials arrested Sylvia in retaliation for #FirstAmendment activity. 10/

And was the law clearly established? You bet it was: 11/

So, here we are:

An @IJ client's rights were violated.

Her abusers have #QualifiedImmunity.

And there is a circuit split.

Let's go.

/END
ij.org/case/castle-hi…