Case Citator › Manders v. Lee

Manders v. Lee

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

Criticized by some courts
Court
Eleventh Circuit
Citation
338 F.3d 1304
Decided
Confirmed treatments
1
Flagged citations read
295 of 295
Citing cases (total)
397
Treatment dates
2007
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Manders v. Lee remains binding in the Eleventh Circuit, but a district court criticized part of its reasoning; all 295 flagged citations have been read. Johnson v. Ogeechee Behavioral Health Services called its use of state disciplinary power as a control factor “suspect” while still applying the en banc test.
More on how this was screened

That confirmed criticism is listed below. Other courts applied Manders's function-specific framework, and panels rejected requests to overrule it.

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.

397 later cases cite Manders v. Lee; 295 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 Manders v. Lee?

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

Criticized

  • The district court called Manders's reasoning that state disciplinary power shows state control “suspect,” while still applying the test.

    Johnson v. Ogeechee Behavioral Health Services · S.D. Ga. · filed

    The reasoning in Manders is suspect; every entity and individual in the State is subject to the control of the State’s power to define, investigate, and punish misconduct. Therefore this power is exercised equally over those that are arms of the state and those that are not. Nevertheless, under Manders, the power to discipline constitutes the power to control, so the State exercises some control over Ogeechee and the second Manders factor cuts slightly toward Eleventh Amendment immunity.
    Read the full opinion on CourtListener →

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