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

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

• Laje v. R. E. Thomason Gen. Hosp.
  665 F.2d 724· 5th Cir.· 1982-01-14 ·cited 56×
  The hospital district is not entitled to Eleventh Amendment immunity, and the award for mental anguish due to procedural due process violations is affirmed, but the award for lost salary is reversed.
• Polenz v. Parrott
  883 F.2d 551· 7th Cir.· 1989-08-22 ·cited 34×
  The court held that while the denial of a tavern license did not implicate a protected property interest, the denial of an occupancy permit did, and the case must be remanded to determine if state remedies were inadequate before addressing qualified immunity.
• Dudley v. Stewart
  724 F.2d 1493· 11th Cir.· 1984-02-13 ·cited 29×
  A prisoner's claim for damages due to due process violations is not mooted by release, but injunctive relief requires a live controversy. Due process protections for disciplinary confinement require a liberty interest created by state action, not solely by the Constitution.
• Bleeker v. Dukakis
  665 F.2d 401· 1st Cir.· 1981-12-04 ·cited 26×
  An at-will employment interest is not constitutionally protected 'property' under the Fourteenth Amendment, and thus a claim for deprivation of due process cannot be based upon its termination.
• Jones v. Preuit & Mauldin
  808 F.2d 1435· 11th Cir.· 1987-02-02 ·cited 24×
  The court held that the seizure of property without notice under Alabama's attachment statute, which was an established state procedure, did not fall under the Parratt v. Taylor exception, and that private defendants could assert qualified immunity but failed to prove they acted
• LEE v. W. Reserve Psychiatric Habilitation Ctr. & David A. Sorensen
  747 F.2d 1062· 6th Cir.· 1984-11-06 ·cited 24×
  The court held that the plaintiff received sufficient pre-termination process to satisfy due process, and that the district court properly dismissed the complaint.
• Bohumil J. Dusanek v. Hannon
  677 F.2d 538· 7th Cir.· 1982-04-26 ·cited 20×
  The court held that the Board's procedures for requiring a teacher to take a medical leave of absence, rather than immediately terminating employment, satisfied due process requirements, as the teacher was offered a choice between a dismissal hearing or voluntary leave.
• Garcia v. Irba Cruz de Batista
  642 F.2d 11· 1st Cir.· 1981-02-26 ·cited 16×
  The court held that the plaintiff's allegations, combined with the existence of disciplinary regulations and established penal practice, were sufficient to state a claim for a constitutionally protectible liberty interest in remaining in the halfway house program.
• Coleman Washington v. Wiley F. Kirksey
  811 F.2d 561· 11th Cir.· 1987-03-02 ·cited 11×
  The court held that the superintendent's actions in sabotaging a settlement agreement violated the teacher's due process rights, but the school board members did not ratify this conduct by terminating the teacher's contract. The court affirmed the district court's judgment agains
• Jermosen v. Smith
  945 F.2d 547· 2d Cir.· 1991-10-01 ·cited 8×
  The court held that prison officials were not entitled to qualified immunity because the prisoner's right to Wolff v. McDonnell procedural protections for a seven-day keeplock was clearly established at the time of the hearing.
• Driggins v. City OF Okla. City
  954 F.2d 1511· 10th Cir.· 1992-01-27 ·cited 6×
  The court held that the existence of a protected property interest in employment is a question of law for the judge, not the jury, and that the employee did not possess such an interest under the city charter.
• Altonette Jackson v. Raoul Galan
  868 F.2d 165· 5th Cir.· 1989-03-22 ·cited 6×
  The court held that the Sheriff, sued in his official capacity, was liable for attorney's fees under § 1988, but the Clerk of Court was not, due to lack of causal nexus and plaintiff not prevailing against him.
• Listenbee v. City OF Milwaukee & Milwaukee City Serv. Comm'n
  976 F.2d 348· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that the plaintiff's motion for an extension of time to file an appeal constituted a valid notice of appeal under Smith v. Barry. However, the court affirmed the dismissal, finding that the plaintiff did not possess a property interest in continuous employment prot
• Hoesterey v. The City OF Cathedral City
  945 F.2d 317· 9th Cir.· 1991-09-27 ·cited 4×
  The court held that the statute of limitations for a claim alleging a failure to provide a pretermination hearing accrues when the employee has notice that the termination decision is final and will not be followed by further process, not merely when notified of the termination d
• Greene v. Town OF Blooming Grove
  879 F.2d 1061· 2d Cir.· 1989-07-17 ·cited 4×
  The court held that the R-80 zoning classification was rationally related to legitimate state interests and affirmed its dismissal, but reversed and remanded the nonconforming use claim due to disputed material facts regarding its scope.
• Sisk v. Levings
  868 F.2d 159· 5th Cir.· 1989-03-21 ·cited 2×
  The court held that the alleged misuse of legal process by city officials, even if malicious or intended to circumvent a prior ruling, did not rise to the level of an "egregious" constitutional deprivation actionable under 42 U.S.C. § 1983.
• Collins & Co., Inc. v. City of Jacksonville
  38 F. Supp. 2d 1338· M.D. Fla.· 1998-05-08 ·cited 1×
  The court held that real property rights and reputational rights are not fundamental rights protected by substantive due process, and that adequate post-deprivation remedies exist for the alleged procedural due process violations.
• Bockes v. Bettye Lou Fields
  999 F.2d 788· 4th Cir.· 1993-07-26
  Governmental social service boards and departments are state entities immune from federal suit under the Eleventh Amendment if their liability would be paid from state funds, and a county is not liable under § 1983 for personnel decisions of such a board if the board lacks indepe
• Jerry Young also known as Ramadan v. Hoffman
  970 F.2d 1154· 2d Cir.· 1992-07-31
  The court held that an administrative reversal of a prison disciplinary hearing, which vacated the penalty, cured any due process violations and eliminated any claim for damages.
• Jenkins v. Weatherholtz
  909 F.2d 105· 4th Cir.· 1990-07-23
  A Virginia deputy sheriff does not possess a constitutionally protectible property interest in continued employment, even if a personnel handbook purports to provide grievance procedures.