On July 29, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in the case of Sylvia Gonzalez v. Edward Trevino, Mayor of Castle Hills that now appears to be headed to the U.S. Supreme Court. This is an important First Amendment Retaliation case where qualified immunity is the key issue. Qualified immunity is the most important issue in the fight for the civil rights of the American people. It must be defeated, which is why you need to learn about cases like this, which the media will never tell you about.
Read more, including the opinion: https://thecivilrightslawyer.com/2022/08/03/fifth-circuit-gives-qualified-immunity-to-city-officials-after-free-speech-retaliation-arrest-of-councilwoman/
The IJ’s earlier video: https://youtu.be/bIu1s3srVWo
Institute For Justice website: https://ij.org
Info on this case from the IJ’s website: https://ij.org/press-release/texas-federal-judge-tosses-qualified-immunity-defense-in-first-amendment-retaliation-case/
Also, I reject the pronunciation of Bexar and replace it with my own. Nobody can stop me.
It's the racist Shole state of TexASS again. That stare is a disgusting place to live
Supreme Court decision, Sent it back down.
https://www.youtube.com/watch?v=VjIphWDWqSA
US Supreme Court ruled 2 days ago in her favor.
Time for an update, John!
When the current corrupt system in America collapses. Something which is on the near horizon. Thanks to all these bums and criminals we have in the government. once Shtf happens, qualified immunity will come to a sudden end.
Five stars for this atty ***
Just a small correction; As Ms. Gonzalez tells it, she didn't even take the petition home. It was found whilst she was still in the council chamber.
Immunity after the fact is impunity before the fact and is the polar opposite of accountability.
The title is wrong. The 5th Circuit Court of Appeals didn’t decide the qualified immunity issue. It only determined that the city officials didn’t violate her constitutional rights in that the officers’ conduct didn’t fall within the Nieves exception.
THE CIVIL RIGHTS LAWYER FOR THE PEOPLE
The police have NO incentive, under the qualified immunity doctrine to be truthful, accurate, let alone lawful. From Henry II to Present, qualified immunity really has not existed. There is no tradition of qualified immunity, whether that is from the signing of the Magna Carta, or up to the Boston Massacre and signing of the Constitution afterwords. Whether it's the Geneva Conventions, or Military Code of Uniform Justice, "law" enforcement are just civilians who are favored and privileged by the government. Qualified Immunity can't withstand equal protection because its discrimination on it's very face.
@thecivilrightslawyer the Supreme Court is taking the case!
Another great informative video. Thank you for posting it for me 👍
Just FYI.. "Bexar" is pronounced like "Bear"
❤Institute for Justice.
By the way, Bexar is actually pronounced "bear," or "bare." But then again, it IS Texas, where felons "served" as state law enforcement during the 19th century. 🙄
Texas 5th circuit, despicable
It's obvious that the Supreme Court should treat this case like they have for unions for years!
A boss can lose his business to a union for threatening employees to join.
Employees have the right to make decisions but it's a vote that many later regret.
It's a petition!
Retaliation should put the imbeciles in jail. What corruption is the city trying to cover up?
The petition should be put up for a vote.
QUALIFIED IMMUNITY IS NOT A LAW!!!!!! that is why this keeps going to court!!!!! the supreme court doesn't have the spine to rule once and for all on it. the people's representatives never voted for this
37.10 a3 and c1…. Intentionally destroy, conceals, removes or otherwise impairs…. A government record…
Oohhh ..YOU MEAN LIKE WHEN COPS TURN OFF or DELET THEIR BODY CAMS ???
How is that not EXACTLY what this law should be CRUSHING
Holy crap! Such corruption within country govt. Is state govt likely corrupt too? Sometimes corruption needs the SCOTUS to field reality.
Fantastic channel
So they have detectives working misdemeanor cases? When the yuppies arrived with CCTV, in the 1980s the crime rate plummeted. Not to be put out of a job, they made virtually every minor offense bigger, and fined most people…and stopped imprisoning hardened criminals for long sentences..that just cost them money.
it seems out justice System is no longer Justice , it has become corrupt with quailified immunity in favor of Justice and Judges need to be put on notice,
🪳🙈🐀🐵🪰🙊💩
Qualified Immunity is a pernicious doctrine to protect our would be rulers.
absolute filthy dirt bag scum mayor and detective and all others involved in charging her with this trumped up crap. they deserve to be under the jail. she needs to hire a private investigator to dig up dirt on these scumbags and expose them publicly. filthy slime bags.
the laws either apply to everyone or there for no one.
Was it at anytime physically handed over to anyone officially did they sign for it ? Are was it just mention in session?
Follow up to my last comment about a woman recklessly being accused of….,regarding the movie Meet John Doe, in my comment,a sidebar I just stumbled across,the movie made in the 30's is based on a story published in Century Magazine by Richard Connell titled A Reputation,will have to go on a hunt..yes the last name of the author is Connell, not Connelly
The people that comment on the way you say Bexar must not have anything better to do, I live in BEX-AR county , I think it’s funny, and I applaud what you do for our rights , isn’t too many that will take a stand like you . Thank you for doing what you do . I could tell you how city officials/ Sherriff are putting the convinces of a wealthy gated community over the rights of us peons by letting them come out an illegal exit gate placed in a dead end that goes by my house, so the wealthy ones don’t have to drive a half mile down the access road to a turn around.
"Weaponizing" indictments is transparent and cowardly…that's what's happening here.
It's very similar to an arrest in which the DA 'adds' five or six minor charges, and then 'graciously' agrees to drop everything else if you will just plead 'guilty' to the one charge, often branding you a felon for the rest of your life.
We can only hope the Supreme Court can see through this charade.
Is it possible they planted it on her??
My partner has a great qualified immunity case, compromised judge, who was overruled by a panel. They’re making him re-try the case! WTF!
Sounds like she was given the Trump treatment…
I really enjoy most of your content, but this constant media bashing is uncalled for. It's a town of 5000 people, so it's not like it's pinging big time radar. If you want the media to cover it, make them aware of it! This is the kind of stuff 60 minutes covers all the time. I'm sure there are Austin papers that would jump all over it. Remember, while "freedom is scary" the press is the 4th branch of government in our system of checks and balances – use it, don't denigrate it.
They wanted her to take that petition They don't wanna on the board That was a pure upright down set up
First, the reason there were no prior cases is quite probably because all prior parties were not charged — possibly none of them were caught, but also possibly none of them were political opponents. Second, 'laws' too mild to be enforced should be removed from legislation to avoid the temptation for politicians to use them for retaliation. Legislation should be reserved for acts that harm (or at least often harm) others. Third, I strongly agree regarding the Institute for Justice. I have donated several times and it is about time for my next.
This happens too Auditors all the time, I would like to know the outcome of this case.
I live in San Antonio which Castle Hills is a small town inside of. This case is even more egregious than what is presented here for 2 MAJOR reasons.
(1) She is the person who actually drafted the petition. Therefore, she would have obviously had her own personal copy of it… As well as saved on her home computer.
(2) She didn't take the petition home, but it merely "accidently" got mixed up in the pile of papers she gathered together to put back in her binder, at the end of the meeting. Suspiciously, her back was turned from where she was sitting (with the binder of papers out of her possession), when she walked towards one of the council members who asked to speak to her. When she returned to get her binder, one of the other eagle-eyed tyrant's involved, somehow noticed that HER petition was sticking out of her stack of papers, and asked her about it. When she looked thru papers, she was shocked, and wondered how that petition could have ended up amongst her papers.
Even though meeting was recorded, somehow the angle where her binder was left alone wasn't captured on video.
Plus, the DEA refused to pursue this case and drop the charges Hmmmm….
Qualified immunity is fundamentally unconstitutional.
1. It is the responsibility of the government to ensure that it does not violate the rights of the people. So, claiming that their officers and workers didn't know any better does not negate the fact that the rights were violated. Ignorance does not acquit.
2. The constitution demands the government do nothing to interfere with the peoples ability to redress grevieinces against the government. Meaning they can't make up rules that prevent you from holding them accountable.
There's no other argument that needs to be given.
I think we need to get rid of some of these medias pissing me off
It's bear county even though it's spelled bexar
This is clearly an abuse of authority over free speech. Like you said she didn't do this with the intent to destroy or alter the petition and was taken home by accident. It sound like one of the other members of council wanted the document or maybe the city manager so they can destroy it. Who has more to gain if it goes missing? That's right the city manager because then the petition would have had him removed so he has everything to gain. This has corruption written all over it.
Another prime example of a corrupt government and its over reach. Much like the jailing of Jan 6th citizens left in a prison indefinitely. Different in scope but the same retaliatory action. Suggest a go fund me site for this lady.