Lee v. City Of Los Angeles
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Courts continue to apply Lee's judicial-notice, Rule 12(b)(6), equal-protection, and familial-association rules. Repeated history parentheticals call Lee overruled on other grounds by Galbraith v. County of Santa Clara, but Galbraith expressly overruled Branch v. Tunnell and named Lee only as a case that had cited Branch without addressing its continuing viability.
4,441 later cases cite Lee v. City Of Los Angeles; 609 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. City Of Los Angeles?
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 declined to extend Lee's mistaken-detention rule to a jailer's custody after a prompt hearing resulted in a remand order.
Santiago Rivera v. County of Los Angeles · Ninth Circuit · filed
The dissent argues that our decision in Lee compels the conclusion that "a detainee may still have a due process claim against his jailer despite a prompt court hearing that results in his remand to custody.” Dissent at 395. Lee permitted a suit based on the pre-hearing detention; it did not purport to impose liability for the post-hearing detention. ... Based on a misreading of Lee and concerns about “unsound policy,” Dissent at 395, the dissent urges us to create a circuit split. This we decline to do.
Read the full opinion on CourtListener →
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