![]() ![]() ![]() We now withdraw our prior opinion and substitute the following in its place. Ho, Circuit Judge: We previously issued an opinion in this case and noted that a dissenting opinion was forthcoming. 5:19-CV-48 Before Richman, Chief Judge, and Graves and Ho, Circuit Judges. Appeal from the United States District Court for the Southern District of Texas USDC No. Ruiz Deyanria Villarreal Enedina Martinez Alfredo Guerrero Laura Montemayor Does 1-2, Defendants-Appellees. ![]() Alaniz Marisela Jacaman Claudio Trevino, Jr. Cayce Clerk Priscilla Villarreal, Plaintiff-Appellant, versus The City of Laredo, Texas Webb County, Texas Isidro R. The court accordingly concluded that Plaintiff has sufficiently pled the existence of similarly situated journalists who were not arrested for violating Section 39.06(c).Ĭase: 20-40359 Document: 00516431109 Page: 1 Date Filed: United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED AugNo. Yet Defendants chose to arrest Plaintiff for violating Section 39.06(c). The court explained that it has no difficulty observing that journalists commonly ask for nonpublic information from public officials, and that Plaintiff was therefore entitled to make that same reasonable inference. The court affirmed the district court’s judgment dismissing Plaintiff’s municipal liability claims against the City of Laredo. The Fifth Circuit reversed the judgment of the district court dismissing Plaintiff’s First, Fourth, and Fourteenth Amendments claims, as well as her civil conspiracy claims. She also appeals the dismissal of her municipal liability claims against the City of Laredo, but not her claims against Webb County. Plaintiff appealed the dismissal of her claims against the officials under the First, Fourth, and Fourteenth Amendments. According to Plaintiff, local officials have never brought a prosecution under Section 39.06(c) in the nearly three-decade history of that provision. Two arrest warrants were issued for Plaintiff for violating Texas Penal Code Section 39.06(c). Plaintiff published a story about a man who committed suicide and identified the man by name and revealed that he was an agent with the U.S. Plaintiff regularly reports on local crime, missing persons, community events, traffic, and local government. ![]()
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