McDermott Will & Emery LLP

Sylvia Gonzalez v. Edward Trevino II, et. al.

Submitted by Jane Clayton on Wed, 12/20/2023 - 17:34

This brief argues that retaliatory arrests that do not involve on-the-spot law-enforcement decisions—or that otherwise present objective suggestions of improper motive—occur with sufficient frequency to make the need for an effective remedy compelling. At the same time, the course of retaliatory-arrest litigation also indicates that the availability of such a remedy would not threaten the ability of law enforcement officers to operate effectively.

Thompson v. Clark - Merits Brief

Submitted by Jane Clayton on Fri, 10/14/2022 - 10:04

Thompson v. Clark asks whether an individual seized during criminal proceedings in violation of the Fourth Amendment must prove that the criminal proceedings ended in a manner indicative of their innocence before bringing a section 1983 action to redress the violation of their constitutional rights. This brief argues that criminal proceedings terminating in a manner indicating innocence is not a requirement for individuals seeking a 1983 claim.