Case Citator › Gary Gauger v. Beverly Hendle

Gary Gauger v. Beverly Hendle

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Seventh Circuit
Citation
349 F.3d 354
Decided
Confirmed treatments
1
Flagged citations read
35 of 35
Citing cases (total)
35
Treatment dates
2006
Overruled in part
A reviewed court has overruled part of this case’s holding. All 35 flagged citations to Gary Gauger v. Beverly Hendle have been read. The Seventh Circuit's partial overruling of Gauger's false arrest accrual rule in Wallace v. City of Chicago is listed below.
More on how this was screened

Later courts have continued to apply Gauger on separate issues, including its discussion of Brady claims and false arrest damages.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

35 later cases cite Gary Gauger v. Beverly Hendle; 35 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. 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 Gary Gauger v. Beverly Hendle?

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

Overruled in part

  • The Seventh Circuit overruled Gauger's rule delaying accrual of some false arrest claims until a conviction was invalidated, reaffirming that these claims accrue at arrest.

    Wallace v. City of Chicago · Seventh Circuit · filed

    We reaffirm the holding of Booker v. Ward, 94 F.3d 1052, 1056-57 (7th Cir.1996), that false arrest claims accrue at the time of arrest; to the extent that it is inconsistent with Booker v. Ward and the present opinion, we overrule Gauger v. Hendle, 349 F.3d 354 (7th Cir.2003).
    Read the full opinion on CourtListener →

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