Trevino v. Gates
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The other reviewed citing opinions applied Trevino's attorney-fee, qualified-immunity, and municipal-liability rules, reported another court's treatment, or carried adverse-treatment language about unrelated authorities. The text of Morris v. Canyon County, Reason v. City of Richmond, and Alloway v. Whiter could not be retrieved, so those three opinions remain unread and no treatment was inferred from them.
1,019 later cases cite Trevino v. Gates; 145 of those citations sat close to treatment language and were flagged for reading; 142 of them have been read, and the text of 3 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Trevino v. Gates?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Ninth Circuit limited Trevino's statement that good-faith punitive-damages indemnification does not violate section 1983, explaining that the panel actually meant only that the council members receive qualified immunity.
Navarro v. Block · Ninth Circuit · filed
Though the quoted portion says that council members would “not violate section 1983” if they act in the prescribed manner, it is clear from the overall analysis of this section of Trevino II that the panel really meant that council members “would receive qualified immunity.” The analysis in this section of the opinion is directed at deciding whether indemnification for punitive damages violates a “clearly established” right.
Read the full opinion on CourtListener →
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