Gonzalez v. Trevino (Section 1983)

Send us Fan MailGonzalez v. TrevinoThe decision of the 5th Circuit is vacated and remanded for further proceedings.  Gonzalez was 72 years old, when in 2019, she was elected to a seat on her local City Council in Texas.  She collected signatures for a petition trying to get the City Manager removed.  There was a long debate at the meeting about this topic.  The Mayor asked for the petition at the meeting, she denied having it.  She was searched and they found the petition.  She said she didn't know it was there, the Mayor told the police and hired a private attorney to investigate the situation.  she was arrested under a statute which purports to criminalize "intentionally removing a government record."   She filed an action under Section 1983.  The district court determined that she could proceed and that even though there was probable cause, it was enough to show that this type of crime was not typically prosecuted.  The Appellate Court reversed, determining that she needed to show a closer analog.  The Court determined that the Circuit Court's decision was too narrow and that it should be remanded for further determination.  Per Curiam decision.  Read by Jeff Barnum. Support the show