Arbitrary And Capricious Action

427 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Couf v. Karleen DeBLAKER
  652 F.2d 585· 5th Cir.· 1981-08-07 ·cited 36×
  The court held that the plaintiffs failed to establish a federal cause of action based on the city's zoning decisions, as the state court's finding of procedural error did not equate to a finding of arbitrary or irrational zoning under federal law, and there was insufficient evid
• Masino v. The United States
  589 F.2d 1048· Ct. Cl.· 1978-12-13 ·cited 36×
  The court held that the plaintiff's termination was not arbitrary or capricious, finding no material procedural irregularities and a sufficient nexus between his misconduct and the efficiency of the service.
• Matlovich v. Secretary OF The AIR Force and Colonel Alton J. Thogersen
  591 F.2d 852· D.C. Cir.· 1978-12-06 ·cited 36×
  The court held that the Air Force failed to provide a reasoned explanation for denying an exception to its policy of discharging homosexual service members, making judicial review impossible.
• Armour & Co. of Del. v. Brown
  137 F.2d 233· Emer. Ct. App.· 1943-08-06 ·cited 36×
  The court held that the Administrator's denial of Armour's application for price adjustment was arbitrary and capricious, as Armour demonstrated it would suffer a substantial loss under the established maximum prices for government contracts.
• Garza v. Miller
  688 F.2d 480· 7th Cir.· 1982-09-10 ·cited 35×
  The court held that the increased security measures at Marion penitentiary, including restrictions on jobs, recreation, and education, did not violate the inmate's due process or equal protection rights, nor did they violate statutory rights to prison employment.
• Cook v. Whiteside
  505 F.2d 32· 5th Cir.· 1974-12-16 ·cited 35×
  The court held that the inmate's pro se complaint failed to state a claim upon which relief could be granted under 42 U.S.C.A. § 1983.
• Madison Park Corp. v. Bowles
  140 F.2d 316· Emer. Ct. App.· 1943-12-27 ·cited 34×
  The court held that the Price Administrator lawfully established maximum rents based on April 1, 1941, prices, even if it prevented 'normal' rent increases, as the Emergency Price Control Act aimed to prevent inflation.
• Zeigler v. Jackson
  638 F.2d 776· 5th Cir.· 1981-03-02 ·cited 33×
  The court held that the Commission's termination of Zeigler violated his right to equal protection because similarly situated individuals with similar or more serious convictions were retained, and the Commission failed to provide a rational justification for the differential tre
• Miami Newspaper Printing Pressmen's Union Local 46 v. McCULLOCH
  322 F.2d 993· D.C. Cir.· 1963-07-18 ·cited 33×
  The court held that the Board's failure to certify the results of a properly conducted election, due to procedural doubts, was an arbitrary and capricious act exceeding its powers, giving the district court jurisdiction.
• Foust v. Int'l Bhd. OF Elec. Workers
  572 F.2d 710· 10th Cir.· 1978-03-06 ·cited 32×
  The court held that the jury instructions on the duty of fair representation were proper and that there was sufficient evidence to support the verdict, but remanded for reconsideration of the punitive damages award.
• Nat'l Labor Relations Bd. v. J. W. REX Co.
  243 F.2d 356· 3d Cir.· 1957-04-10 ·cited 32×
  The court held that a company cannot refuse to bargain with a certified union based on changes occurring shortly after certification, especially when the company agreed to the Regional Director's final decision on election matters.
• City OF W. Palm Beach v. State
  158 Fla. 863· Fla.· 1947-05-06 ·cited 32×
  The City of West Palm Beach appealed a mandamus order compelling it to issue a building permit that it had denied. The Florida Supreme Court affirmed the mandamus judgment, holding that the ordinance provision requiring new buildings to "substantially equal" adjacent buildings in
• McGHEE v. Draper
  564 F.2d 902· 10th Cir.· 1977-10-03 ·cited 31×
  The court held that the trial court erred in directing a verdict against the plaintiff on her liberty interest claim, as the evidence could support a finding that the school board's actions imposed a stigma foreclosing future employment opportunities. The court also found that pr
• State v. Stein
  133 Fla. 530· Fla.· 1938-07-20 ·cited 31×
  The Florida Supreme Court upheld the State Racing Commission's authority to adopt Rule 34(a), which prohibited horse racing except between noon and 7 P.M., even though this prevented a permittee from conducting night racing. The court held that the Commission's rulemaking power t
• Couch Constr. Co., Inc. v. Dep't OF Transp.
  361 So. 2d 172· Fla. 1st DCA· 1978-06-16 ·cited 30×
  Couch Construction challenges the Florida Department of Transportation's rejection of all bids (including Couch's apparent low bid) for an Interstate 10 paving contract in Gadsden County. The court reverses and remands, holding that while agencies have discretion to reject bids,
• Warner S. Kelly and Samuel S. Parras v. Lou V. Brewer
  525 F.2d 394· 8th Cir.· 1975-11-19 ·cited 30×
  The court held that while administrative segregation is permissible, prolonged confinement requires meaningful periodic review by prison administrators, and the district court erred in imposing a specific plan that removed discretion from the Warden.
• Scheelhaase v. Woodbury Cent. Cmty. Sch. Dist.
  488 F.2d 237· 8th Cir.· 1973-11-28 ·cited 30×
  The court held that the school board's decision to terminate a teacher's contract, even if based on an erroneous interpretation of student test scores, was not arbitrary and capricious and thus did not violate substantive due process.
• Cont'l Bus. Enters., Inc. v. The United States
  452 F.2d 1016· Ct. Cl.· 1971-12-10 ·cited 30×
  The court held that a bidder alleging arbitrary and capricious government action in the procurement process is entitled to a trial, even if the government agency has broad discretion, especially when there are disputed facts regarding the necessity of negotiation and the basis fo
• Daub v. United States
  292 F.2d 895· Ct. Cl.· 1961-07-19 ·cited 30×
  The court held that the Army's arbitrary and capricious application of its own regulations, resulting in a disproportionate penalty for the plaintiff's first offense, entitled him to back pay and recovery.
• Bowman v. Bowles
  140 F.2d 974· Emer. Ct. App.· 1944-02-24 ·cited 30×
  The court held that the Administrator's refusal to consent to the complainants' election to register under the Hotel Regulation was not arbitrary, capricious, or contrary to law, as the building's rental practices on the maximum rent date and thereafter were more aligned with the
• Hillcrest Terrace Corp. v. Brown
  137 F.2d 663· Emer. Ct. App.· 1943-07-27 ·cited 30×
  The court held that the Administrator acted arbitrarily in denying a protest for rent adjustment when the initial rent was based on a temporary tax exemption that expired, as this situation was not a product of normal market conditions.
• Aalund v. Marshall
  461 F.2d 710· 5th Cir.· 1972-03-07 ·cited 28×
  The court affirmed the denial of habeas corpus, holding that the alien received adequate notice and that the denial of discretionary relief was not arbitrary or capricious.
• Pauley v. United States
  419 F.2d 1061· 7th Cir.· 1969-12-11 ·cited 28×
  The court held that the plaintiff was not entitled to adverse action procedures before his reassignment, as the reassignment was not a reduction in rank, and his subsequent refusal to accept the transfer justified his removal.
• United States ex rel. Hull v. Stalter
  151 F.2d 633· 7th Cir.· 1945-11-06 ·cited 27×
  The court held that the Selective Service Board abused its discretion by refusing to classify the relator as a minister of religion, as subsequent proof conclusively demonstrated his entitlement to such classification.
• Offshore Logistics Servs., Inc. v. Arkwright-Boston Mfrs. Mut. Ins. Co.
  639 F.2d 1142· 5th Cir.· 1981-03-16 ·cited 26×
  The court affirmed the district court's judgment, holding that the excess insurer was liable for the settlement amount and statutory penalties, but affirmed the refusal to award attorney's fees for the underlying defense due to insufficient proof.
• Paige v. Harris
  584 F.2d 178· 7th Cir.· 1978-09-12 ·cited 26×
  A HUD attorney in the excepted service, terminated without a hearing, has a property interest in continued employment based on HUD Handbook 302.2, entitling them to a hearing to challenge the sufficiency of the grounds for discharge.
• Penn-Ohio Steel Corp. v. The United States
  354 F.2d 254· Ct. Cl.· 1965-12-17 ·cited 26×
  The court held that the plaintiff was entitled to recover damages for breach of the "reverter agreement" for the period the Navy failed to allow re-occupancy.
• Dunat v. Hurney
  297 F.2d 744· 3d Cir.· 1961-05-29 ·cited 26×
  The court held that the Attorney General's interpretation of 'physical persecution' was erroneous, and that the alien's fear of persecution due to his religion was sufficient to warrant a stay of deportation.
• United States v. Mohammed
  288 F.2d 236· 7th Cir.· 1961-03-21 ·cited 26×
  The court held that the defendant's claims of ministerial exemption were not timely or sufficiently supported by evidence to compel the local board to reopen his classification, and thus due process was not denied.
• Spaeth v. Brown
  137 F.2d 669· Emer. Ct. App.· 1943-08-04 ·cited 26×
  The court held that the Price Administrator's selection of July 1, 1941, as the maximum rent date for Cleveland was not arbitrary or capricious, as it was supported by evidence of rising rents and housing demand due to defense activities.
• Levitt v. The Univ. OF Tex. AT EL Paso & Haskell Monroe
  759 F.2d 1224· 5th Cir.· 1985-05-10 ·cited 25×
  The appearance of bias, without actual bias of the decisionmaker, does not offend due process, and a university's failure to follow its own internal rules does not violate constitutional due process if the minimum constitutional requirements are met.
• Effie, Inc. v. City OF Ocala
  438 So. 2d 506· Fla. 5th DCA· 1983-09-29 ·cited 25×
  Effie, Inc. challenged a City of Ocala ordinance requiring location permits for on-premises alcohol sales on properly zoned property as unconstitutional for providing insufficient standards and guidelines, thereby permitting unbridled discretion. The appellate court reversed, fin
• Millard Scudder v. Town OF Greendale
  704 F.2d 999· 7th Cir.· 1983-04-08 ·cited 25×
  The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
• Gargiul v. Tompkins
  704 F.2d 661· 2d Cir.· 1983-03-29 ·cited 25×
  A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
• Raudel Castaneda-Delgado and Sebastiana Godina de Castaneda v. Immigr. & Naturalization Serv.
  525 F.2d 1295· 7th Cir.· 1975-11-26 ·cited 25×
  The court held that denying an alien a reasonable continuance to obtain counsel in a deportation proceeding, when the denial is arbitrary and capricious, constitutes a denial of statutory rights and procedural due process, and such denial is inherently prejudicial, not subject to
• Curtis Ambulance OF Fla., Inc. v. Bd. OF Cnty. Comm'rs OF the Cnty. OF Shawnee
  811 F.2d 1371· 10th Cir.· 1987-02-18 ·cited 24×
  The court held that ambulance services constitute professional services, exempting the contract award from competitive bidding requirements, and thus the plaintiff had no constitutionally protected property interest.
• DE LA Cruz v. Tormey
  582 F.2d 45· 9th Cir.· 1978-09-13 ·cited 24×
  A claim for sex discrimination requires either facial discrimination or discriminatory effects; allegations of discriminatory intent alone are insufficient if the conduct is otherwise gender-neutral.
• Richardson v. McFADDEN
  563 F.2d 1130· 4th Cir.· 1977-10-12 ·cited 24×
• Ne. Constr. Co. v. Romney
  485 F.2d 752· D.C. Cir.· 1973-03-06 ·cited 24×
  The court held that a bidder's failure to provide the number of employees, as required by Appendix A, constituted a "minor informality or irregularity" under procurement regulations, which should have allowed the bidder an opportunity to cure the deficiency.
• Beckham v. The United States
  392 F.2d 619· Ct. Cl.· 1968-04-19 ·cited 24×
  The court held that the plaintiff was entitled to disability retirement pay because his service-connected duodenal ulcer rendered him unfit for active duty at the time of his separation from the Navy, and the Correction Board's denial was arbitrary and unsupported by substantial
• Williams v. Pac. Mar. Ass'n
  384 F.2d 935· 9th Cir.· 1967-08-28 ·cited 24×
  The court clarified that its prior opinion did not make final determinations of the parties' rights but rather disapproved of the summary judgment, suggesting appellants might recover after a full hearing.
• Friend v. LEE
  221 F.2d 96· D.C. Cir.· 1955-03-17 ·cited 24×
  The court held that the plaintiff presented a prima facie case of arbitrary and unreasonable restrictions on his business operations, entitling him to a hearing on his claim for injunctive relief.
• Conway v. United States
  142 F.2d 202· 9th Cir.· 1944-01-03 ·cited 24×
  The court held that assignments of error lacking required procedural detail or proper record were not considered, and that the evidence was sufficient to support the conviction.
• Everett Plywood Corp. v. The United States
  512 F.2d 1082· Ct. Cl.· 1975-02-19 ·cited 23×
  The court held that the Forest Service's refusal to extend the timber sale contract based on an "extraordinary conditions" standard, rather than its established policy of granting extensions unless disadvantageous to the United States, constituted a breach of contract. The court
• Mahon v. Cnty. OF Sarasota
  177 So. 2d 665· Fla.· 1965-07-28 ·cited 23×
  A statute authorizing elimination of vegetation and refuse as nuisances on private property is unconstitutional when it fails to define key operative terms, provides insufficiently limited standards to guide administrative discretion, and makes enforcement contingent on individua
• State v. Wilkinson
  117 Fla. 463· Fla.· 1934-11-14 ·cited 23×
  The Florida Supreme Court addressed a mandamus action brought by trustees of a special tax school district against county school board members, concerning the board's duty to officially accept or reject teacher nominations and allow resubmission upon rejection. The court held tha
• Seminole Cnty. v. Tivoli Orlando Assocs. Ltd.
  920 So. 2d 818· Fla. 5th DCA· 2006-02-17 ·cited 22×
  Seminole County appealed a trial court's order certifying a class action brought by Tivoli Orlando Associates, which challenged the County's calculation of building permit fees and water/wastewater impact fees as arbitrary and capricious. The Fifth District Court of Appeal revers
• Wallace v. Robinson
  940 F.2d 243· 7th Cir.· 1991-08-09 ·cited 22×
  A prison regulation granting officials discretion to act for any reason except discipline does not create a liberty or property interest for due process purposes. Liberty and property interests depend on substantive rules governing entitlements, not merely on rules addressing mot
• Captain Douglas Bruce McGAW v. Colonel A. Allen Farrow
  472 F.2d 952· 4th Cir.· 1973-01-15 ·cited 22×
  The court held that the district court properly dismissed the action for lack of federal question jurisdiction and failure to exhaust administrative remedies.
• Chiriaco v. United States
  339 F.2d 588· 5th Cir.· 1964-12-22 ·cited 22×
  The court held that the appellant's claim for reinstatement is barred by laches due to an unreasonable delay in filing suit.