Supreme Court Hears Gonzales v. Trevino on Scope of Nieves Exception to Probable‑Cause Bar

The Supreme Court on the oral‑argument calendar heard opposing views on how far Nieves v. Bartlett should limit the probable‑cause defense in retaliatory‑arrest suits brought under 42 U.S.C. § 1983. Petitioner's counsel argued the Court should allow courts to consider various forms of objective evidence — not just narrowly drawn comparators — when determining whether an arrest was motivated by retaliation for protected speech. Respondents urged the Court to keep Nieves narrowly confined to warrantless, on‑the‑spot arrests to avoid second‑guessing ordinary law‑enforcement decisions.

Miss Bidwell, arguing for the petitioner, told the justices the case is not an ordinary on‑the‑spot arrest and emphasized the presence of a warrant process and a multi‑step investigation. "The arrest affidavit, which we say would not have been issued had it not been for retaliatory animus, is something that magistrates have to take into account," she said, arguing that an affidavit influenced by animus can satisfy a but‑for causation requirement. She urged the Court not to read Nieves so narrowly that only police officers making…