The Supreme Court will hear the case of Sylvia Gonzalez, who ran afoul of city officials in a Texas suburb by criticizing the way local government was run.
Law enforcement officials in Castle Hills, Tex., took no chances. To protect the safety of the small San Antonio suburb, they clapped the accused miscreant in jail and in irons: handcuffed to a metal bench, unable to stand up and stretch her 72-year-old legs.— months earlier, and for only a few minutes — a petition that she had helped to instigate, and that a signer had submitted to the city council moments before the grandmother supposedly stole it.
The 5th Circuit mechanically, and disregarding a nuanced precedent, said the Castle Hills officials deserved qualified immunity because they had “probable cause” — really? a document misplaced for a few minutes? — for arresting Gonzalez.
She is asserting a right the court should affirm: the right to sue officials who inflict retaliatory arrests. Affirmation would advance reconsideration of qualified immunity, the court-created doctrine that has evolved into a shield protecting disreputable officials who, carelessly or maliciously, violate individuals’ rights.
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