Case Citator › Lee v. Ferraro

Lee v. Ferraro

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

Overruled in part
Court
Eleventh Circuit
Citation
284 F.3d 1188
Decided
Confirmed treatments
1
Flagged citations read
34 of 34
Citing cases (total)
34
Treatment dates
2009
Overruled in part
A reviewed court has overruled part of this case’s holding. Overruled in part on the order courts must use to decide qualified immunity; still relied on for excessive force against a secured arrestee. All 34 flagged citations have been read.
More on how this was screened

Pearson v. Callahan made the two-step inquiry discretionary, displacing Lee v. Ferraro only insofar as Lee described that sequence as mandatory. Brookins v. Jacksonville Sheriff's Office later identifies Pearson's partial overruling of Lee while applying Lee's excessive-force rule. The confirmed treatment is listed below.

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.

34 later cases cite Lee v. Ferraro; 34 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 Lee v. Ferraro?

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 Supreme Court ended the mandatory order of the two-step qualified-immunity inquiry that Lee had repeated from Saucier.

    Pearson v. Callahan · Supreme Court of the United States · filed

    We now hold that the Saucier procedure should not be regarded as an inflexible requirement
    Read the full opinion on CourtListener →

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