42 U.S.C. § 1983 Claim For Denial Of Due Process

25 Florida cases classified under this topic · sorted by citation count · browse and sort

• Hearn v. The City OF Gainesville & Richard C. Corriveau
  688 F.2d 1328· 11th Cir.· 1982-10-12 ·cited 95×
  The court held that while the employee had a property interest in his job and the supervisor's actions constituted a due process violation, the city was not liable because the supervisor's actions did not represent official policy and the city commission exercised final authority
• Minton v. ST. Bernard Parish Sch. Bd.
  803 F.2d 129· 5th Cir.· 1986-10-22 ·cited 40×
  A parish school board is not entitled to Eleventh Amendment immunity, and a plaintiff may state a claim for denial of equal protection if the board discriminates in paying tort judgments between residents and nonresidents.
• Hiawatha Nash v. Black
  781 F.2d 665· 8th Cir.· 1986-01-17 ·cited 36×
  The court held that an inmate has no protected liberty interest in a furlough or transfer, but a claim of discrimination based on disparate treatment of other inmates with similar convictions was not frivolous and should not have been dismissed.
• Bradford v. Weinstein
  519 F.2d 728· 4th Cir.· 1974-11-22 ·cited 30×
  The dissenting judge holds that state prisoners challenging parole procedures must first exhaust state remedies and then pursue habeas corpus, not a § 1983 action.
• Findeisen v. N. E. Indep. Sch. Dist.
  749 F.2d 234· 5th Cir.· 1984-12-26 ·cited 24×
  The court concurred that the record did not entirely exclude the possibility of bad faith termination, which could entitle the plaintiff to relief under section 1983.
• Clipper v. Takoma Park
  876 F.2d 17· 4th Cir.· 1989-05-30 ·cited 12×
  The court held that sufficient evidence supported the jury's verdict that the city denied the plaintiff due process by arresting him without probable cause, and that the arrest was made pursuant to a city policy or custom.
• Jones v. The Pitt Cnty. Bd. OF Educ.
  528 F.2d 414· 4th Cir.· 1975-11-19 ·cited 12×
  The appellate court affirmed the district court's finding that the plaintiff's non-retention was based on professional incompetence, not racial discrimination, and that the district court's factual findings were not clearly erroneous.
• Bohn v. Cnty. OF Dakota: Shirley L. Utzinger
  772 F.2d 1433· 8th Cir.· 1985-09-11 ·cited 10×
  The court held that the available administrative review procedures, including those under the Minnesota Administrative Procedure Act and Data Practices Act, provided adequate due process, and that alleged misrepresentations by state officials did not rise to the level of a consti
• Fields v. Durham
  856 F.2d 655· 4th Cir.· 1988-09-13 ·cited 8×
  The court held that a plaintiff alleging a random and unauthorized failure of state officials to follow established procedures in terminating employment is not denied due process if meaningful post-deprivation remedies are available under state law.
• Allen v. Bd. OF Pardons
  792 F.2d 1404· 9th Cir.· 1986-06-26 ·cited 8×
  The Montana statute creates a protected liberty interest in parole eligibility because it uses mandatory language requiring release unless specific negative criteria are met.
• Taylor v. Wallace
  931 F.2d 698· 10th Cir.· 1991-04-30 ·cited 6×
  The court held that the record lacked sufficient indicia of reliability for confidential informant testimony, thus violating due process, and vacated the dismissal.
• Patterson v. Coughlin
  905 F.2d 564· 2d Cir.· 1990-05-16 ·cited 6×
  The court held that while the prisoner was entitled to summary judgment on liability for the due process violation, the prison officials were entitled to a jury trial on the issue of damages.
• Callahan Ware v. Heyne
  575 F.2d 593· 7th Cir.· 1978-04-05 ·cited 6×
  The court held that correctional officials are not immune from damages if they knew or should have known their conduct violated a clearly established constitutional right, and that expunging a report obtained in violation of due process was not an abuse of discretion.
• Beattie v. Roberts
  436 F.2d 747· 1st Cir.· 1971-01-06 ·cited 6×
  A tenured teacher who refused to participate in a hearing after being provided with reasons for non-renewal and notice of the hearing, and who failed to raise constitutional claims in the lower court, cannot claim denial of due process or statutory rights.
• Percy v. SAN Francisco Gen. Hosp.
  841 F.2d 975· 9th Cir.· 1988-03-10 ·cited 4×
  The court held that a claim for denial of due process in a Civil Service Commission hearing does not relate back to an original complaint alleging racial discrimination in termination under Title VII, as they arise from different conduct and transactions.
• Dautremont v. Broadlawns Hosp.
  827 F.2d 291· 8th Cir.· 1987-08-20 ·cited 4×
  The court held that while the district court erred in applying the six-month statute of limitations, the plaintiff's claims for the first hospitalization are time-barred by the two-year statute, and claims for the second and third hospitalizations do not present a due process vio
• Johnson v. Officer Swyka
  699 F.2d 675· 3d Cir.· 1983-02-18 ·cited 4×
  The court held that the Pennsylvania six-month limitation period was improperly utilized for a § 1983 employment discrimination claim against state officers.
• Burgess v. Miller
  492 F. Supp. 1284· N.D. Fla.· 1980-06-10 ·cited 3×
  The court held that under the extraordinary circumstances of a public employee strike and resulting emergency, the oral communications and warnings provided to the striking employees constituted sufficient pre-termination due process, despite the lack of formal written notice or
• McCORD v. Maggio
  910 F.2d 1248· 5th Cir.· 1990-09-07 ·cited 2×
  The court held that the prisoner's claims regarding denial of due process and medical care were properly dismissed, but the claim regarding conditions of confinement requires further factual findings.
• Pittman v. Gaines
  905 F.2d 199· 8th Cir.· 1990-06-04 ·cited 2×
  The court held that the district court did not err in granting summary judgment, as the plaintiff's claim was barred by the statute of limitations and no liberty interest in parole was established by the cited statutes or regulations.
• Lockhart v. Cunningham
  M.D. Fla.· 2022-06-21
  The court held that a prisoner's complaint alleging denial of adequate medical care and due process violations was dismissed without prejudice because it failed to state a claim, and the prisoner must file an amended complaint to proceed.
• Severino v. Negron
  996 F.2d 1439· 2d Cir.· 1993-06-29
  Appellee officials are entitled to qualified immunity from the claim for money damages, even if a due process violation occurred, because the contours of the right were not sufficiently clear.
• Simons v. City OF Grand Forks
  985 F.2d 981· 8th Cir.· 1993-02-16
  The court held that the pre-termination procedures afforded to the employee met the due process requirements of notice, explanation of evidence, and opportunity to respond, and that the decisionmaker was not compelled to terminate the employee.
• McDARBY v. Dinkins
  907 F.2d 1334· 2d Cir.· 1990-07-02
  The court held that a public pension board's failure to follow its own procedural rules for determining the cause of disability, when the claimant received the minimum benefits to which they were entitled, does not constitute a violation of federal procedural due process actionab
• Rudd v. W.H. Sargent
  866 F.2d 259· 8th Cir.· 1989-01-25
  The court held that the disciplinary report's statements constituted 'some evidence' sufficient to support the finding of guilt for the Rule 5A violation, satisfying due process requirements.