Videos

Qualified Immunity Protects the FBI, Your Mayor, and ALL Officials. Not Just Police.

Does qualified immunity actually accomplish what the Supreme Court intended? Kim Norberg and co-host Keith Neely discuss qualified immunity and how it plays out in the real world. IJ Senior ...Attorney Bob McNamara and data scientist Jason Tiezzi join to discuss Unaccountable, IJ’s new report that examines qualified immunity by the numbers.

The report uses the largest ever collection of federal appellate cases, covering the 11-year period from 2010 through 2020. It is also the first to use cutting-edge automated techniques to parse thousands of federal circuit court opinions and answer key questions about cases where government defendants claim qualified immunity—what kinds of officials and conduct it protects, its impact on civil rights cases, and whether the doctrine is achieving its aims.

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Audio version of this episode: https://ij.org/podcasts/beyond-the-brief/qualified-immunity-protects-the-fbi-your-mayor-and-all-officials-not-just-police/
Read the Report! https://ij.org/report/unaccountable/

About Beyond the Brief:

Hear about the cases, issues, and tactics advancing IJ’s fight for freedom—directly from the people on the front lines. Beyond the Brief explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. Each episode gives listeners an in-depth, inside look at how—and why—we do what we do.[+] Show More

Qualified Immunity Protects the FBI, Your Mayor, and ALL Officials. Not Just Police.

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Podcast Trailer | Beyond the Brief

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A Grandma's Retaliatory Arrest: IJ Takes Her Fight to the Supreme Court

Americans have a long tradition of running for office with the goal of ...

Americans have a long tradition of running for office with the goal of improving their local communities. After a fulfilling career in communications, Sylvia Gonzalez did just that. She knocked ...on the doors of 500 residents in Castle Hills, Texas, and squeezed out a win, beating a well-connected and powerful incumbent.

https://ij.org/case/castle-hills-retaliation/

After her election, Sylvia got right to work. Acting on her campaign promise, she helped spearhead a citizens’ petition advocating for the removal of Castle Hills’ city manager Ryan Rapelye. The petition was a non-binding vote of no confidence in Rapelye, who had come under criticism for mistreating his employees and failing to address citizens’ concerns, such as fixing their streets.

The petition did not sit well with Castle Hills’ incumbents, whose interests were well-represented by the city manager. Within weeks of winning her election, the harassment began. First, the city attorney, who was aligned with the mayor and the city manager, claimed Sylvia wasn’t properly sworn in and replaced her on the city council with the woman she’d just beaten. When a judge reinstated Sylvia, the city officials didn’t give up.

In fact, that was only the beginning. In the midst of their attempt to unseat her, the mayor and police chief used bogus charges and a rarely-used law to have Sylvia arrested, booked, and thrown in jail—but she had done nothing wrong. Once the county prosecutor got involved, he dropped the case against her.

Finally, after beating back the city twice, a group of citizens aligned with the mayor filed a lawsuit claiming Sylvia was incompetent. Sylvia stood her ground and won—but by then the damage had been done. Sylvia’s mugshot had been splashed across the news and her reputation dragged through the mud. Exhausted—with tens of thousands of dollars in legal bills—she stopped the fight to reclaim her seat.

The city’s retaliation clearly violates Sylvia’s First Amendment rights. If America’s democracy means anything at all, it means that a city can’t arrest its residents for speaking out against a city manager. The fundamental right of political speech is high in the hierarchy of First Amendment values and the courts exist to ensure that it is protected.

On September 29, 2020, Sylvia partnered with the Institute for Justice to file a federal lawsuit against Castle Hills to vindicate her First Amendment rights and hold the city officials accountable. On October 13, 2023, after a prolonged fight with the government over qualified immunity, the United States Supreme Court granted certiorari to Sylvia to review whether the Fifth Circuit correctly sided with the Castle Hills officials on that issue.[+] Show More