Wrongful Arrest Claim May Proceed – UPDATED

Judge James Ho’s dissent from the denial of en banc review in Gonzalez v. Trevino persuaded the ultimate audience yesterday, when the Supreme Court reversed the Fifth Circuit, and allowed the wrongful-arrest claim of Sylvia Gonzalez – an unfortunate victim of small-town politics – to proceed past the pleadings stage. No. 22-1025 (U.S. June 21, 2024). His opinion built on Judge Andrew Oldham’s dissent at the panel stage.