De Facto Officer Doctrine

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

• Sawyer v. State
  94 Fla. 60· Fla.· 1927-06-29 ·cited 108×
  Jack Sawyer was convicted of breaking and entering in Hillsborough County criminal court of record on an information signed by the assistant solicitor. The Florida Supreme Court affirmed, holding that prosecution by information (rather than grand jury indictment) is constitutiona
• State v. Wiseheart
  158 Fla. 267· Fla.· 1946-10-08 ·cited 51×
  The Florida Supreme Court holds that a constitutional prohibition against appointing sitting legislators to civil office operates only during their legislative term. Once that term expires, the prohibition lapses and cannot later be used to challenge an appointment through quo wa
• The City of Tampa v. Isadore Kaunitz
  39 Fla. 683· Fla.· 1897-06-01 ·cited 49×
  The Florida Supreme Court held that a tax assessment made by an unauthorized person (an assistant rather than the legally designated auditor/assessor) is void, even if the assistant was merely performing clerical duties under the auditor's direction. The court reversed judgment a
• United States v. Joseph
  519 F.2d 1068· 5th Cir.· 1975-09-22 ·cited 48×
  The court held that wiretap recordings were admissible despite a technical defect in the authorization process and that sufficient evidence supported the jury's verdict of guilt.
• United States v. Wrigley
  520 F.2d 362· 8th Cir.· 1975-07-18 ·cited 48×
  The court held that special attorneys appointed by the Attorney General, even with broad authorization letters, are empowered to conduct grand jury proceedings under 28 U.S.C. § 515(a).
• Off. of Thrift Supervision v. Paul
  985 F. Supp. 1465· S.D. Fla.· 1997-10-28 ·cited 34×
  The court held that it lacked jurisdiction to review the merits of the OTS's order, and that the order was final and effective, thus granting the OTS's motion for summary judgment.
• Hart v. State
  144 Fla. 409· Fla.· 1940-10-11 ·cited 33×
  Hart was charged with attempting to counsel and procure the burning of an insured building to defraud the insurance company. The Florida Supreme Court upheld the conviction, holding that the statute properly covered such conduct and that the assigned State Attorney had valid auth
• Wright v. Ingold
  445 F.2d 109· 7th Cir.· 1971-05-18 ·cited 26×
  The court held that pre-induction review of a registrant's classification is prohibited by statute, and that a registrant has no right to have counsel present at a hearing held after an induction order has been issued.
• United States v. Torres
  862 F.2d 1025· 3d Cir.· 1988-12-09 ·cited 24×
  A conspiracy to distribute drugs can be a predicate offense for enhanced sentencing under 18 U.S.C. § 924(c)(1), and a city policeman assigned to the DEA can be a de facto federal agent under 18 U.S.C. § 111.
• Holloway v. State
  342 So. 2d 966· Fla.· 1977-02-17 ·cited 21×
  The court held that an arrest made by a deputy sheriff who had not taken the oath of office was illegal, and the statute requiring the oath is mandatory.
• The Town of Kissimmee City v. Cannon
  26 Fla. 3· Fla.· 1890-01-01 ·cited 21×
  The Town of Kissimmee City challenged a petition seeking to invalidate the assessment of William Cannon's real property on multiple grounds. The Florida Supreme Court held that while the assessment of most of Cannon's lots was illegal because they were not valued separately as re
• Elijah P. Rushing et ux. v. Thompson's Executors
  20 Fla. 583· Fla.· 1884-01-01 ·cited 21×
  In this equity case involving a deed challenged for fraud, the Florida Supreme Court affirmed a decree pro confesso and subsequent referee trial, holding that a referee appointed by the court is a de facto judicial officer whose acts cannot be collaterally attacked, and that stat
• Equal Emp. Opportunity Comm'n v. Sears
  650 F.2d 14· 2d Cir.· 1981-05-27 ·cited 20×
  The court held that the EEOC Chairman's verification of a charge was valid as he was a de facto officer, and that dismissal was appropriate due to the EEOC's failure to conciliate in good faith regarding specific facilities.
• Jessen v. United States
  242 F.2d 213· 10th Cir.· 1957-02-16 ·cited 20×
  The court held that the local draft board was lawfully constituted and had jurisdiction, and the order to perform civilian work was valid.
• United States v. Allocco
  305 F.2d 704· 2d Cir.· 1962-07-10 ·cited 18×
  A judge appointed via a recess commission, even if the vacancy arose while the Senate was in session, is a de facto officer whose authority cannot be challenged collaterally under 28 U.S.C. § 2255.
• Kane v. Robbins
  556 So. 2d 1381· Fla.· 1989-07-20 ·cited 17×
  The Florida Supreme Court held that a special law governing the election of Martin County school board members violates the Florida Constitution's prohibition on special laws pertaining to officers. The court determined that school board members are constitutional officers not ex
• Lenord S. Horwitz v. The State Bd. OF Med. Exam'rs OF the State OF Colo.
  822 F.2d 1508· 10th Cir.· 1987-07-07 ·cited 16×
  Members of the Colorado State Board of Medical Examiners are entitled to absolute immunity when performing adjudicatory and prosecutorial functions comparable to those of a court, even if they did not strictly comply with oath requirements.
• United States ex rel. Doss v. Lindsley
  148 F.2d 22· 7th Cir.· 1945-02-07 ·cited 12×
  The court held that the District Court correctly dismissed the habeas corpus petition because the appellant failed to exhaust state remedies and the issues raised were not grounds for federal habeas corpus relief.
• Gryzik v. State
  380 So. 2d 1102· Fla. 1st DCA· 1980-03-04 ·cited 11×
  Gryzik and Hood appeal their marijuana possession convictions, challenging the authority of Agricultural Inspector Pease to conduct the traffic stop on grounds that Pease violated Florida's dual office-holding prohibition by simultaneously serving as an agricultural inspector and
• Gregory v. Woodbery
  53 Fla. 566· Fla.· 1907-01-01 ·cited 10×
  In this replevin action, the Florida Supreme Court held that attorney's fees are not recoverable as an element of damages in a replevin action absent a statute expressly authorizing such recovery. The court reversed the judgment because the trial court erroneously allowed the pla
• THE Florida BAR v. Montgomery Blair Sibley
  995 So. 2d 346· Fla.· 2008-09-25 ·cited 8×
  The court held that judicial officers' compliance with the constitutional oath of office satisfies statutory requirements, and any technical defects in oath execution are cured by the de facto officer doctrine.
• Hostinsky v. United States
  292 F.2d 508· Ct. Cl.· 1961-07-19 ·cited 8×
  A retired Navy officer holding a compensated civilian position in violation of federal statute cannot recover salary for that position.
• United States v. Groupp
  459 F.2d 178· 1st Cir.· 1972-04-26 ·cited 6×
  The court held that the tenure limitation provision for local draft board members applies only to service on boards established under the Selective Service Act of 1948, not to service under the prior 1940 Act.
• Jarrett v. State
  926 So. 2d 429· Fla. 2d DCA· 2006-03-24 ·cited 4×
  This case reviews the denial of a motion to suppress evidence obtained from a traffic stop. The appellate court affirmed the denial, holding that even if an interlocal agreement between municipalities for law enforcement services had procedural infirmities, the officer acted in r
• United States v. Hefner
  842 F.2d 731· 4th Cir.· 1988-03-24 ·cited 4×
  An ineligible grand jury foreman does not require dismissal of an indictment if the error is harmless, and a de facto officer's administration of an oath is valid.
• Robert Vance, D.O. v. State OF Utah
  744 F.2d 750· 10th Cir.· 1984-10-01 ·cited 4×
  The court held that Utah's preclusion law barred relitigation of issues already decided by state courts, and affirmed the denial of a preliminary injunction.
• The Boeing Co. v. The United States
  680 F.2d 132· Ct. Cl.· 1982-06-02 ·cited 4×
  The court held that Boeing's headcount method for allocating home office tax expenses is impermissible under Cost Accounting Standard 403, which requires allocation based on a beneficial or causal relationship, and that the assessment base method is proper.
• State v. Holloway
  318 So. 2d 421· Fla. 2d DCA· 1975-08-01 ·cited 4×
  The court held that an arrest made by a de facto deputy sheriff is legal, even if the deputy failed to take the statutorily prescribed oath of office.
• Johnston v. United States
  175 F.2d 612· 4th Cir.· 1949-06-03 ·cited 4×
  An Army officer detailed to duty with a civilian agency is not entitled to additional pay or allowances beyond their military compensation, unless expressly authorized by law.
• Farrell v. State
  650 So. 2d 88· Fla. 4th DCA· 1995-01-18 ·cited 2×
  An arrestee cannot avoid criminal prosecution by questioning the authority of a deputy sheriff whose oath of office was administered by someone other than the sheriff.
• Malone v. Cnty. OF Suffolk
  968 F.2d 1480· 2d Cir.· 1992-06-15 ·cited 2×
  The court held that an arrest by de facto officers, appointed under color of authority despite procedural defects, does not violate the Fourth Amendment, and the failure to disclose these defects prior to trial does not violate the Sixth Amendment.
• Walker v. Trump
  549 So. 2d 1098· Fla. 4th DCA· 1989-09-27 ·cited 2×
  The Florida Fourth District Court of Appeal reversed a trial court judgment that reduced Mar-A-Lago's property tax assessment to $7 million (the Trump purchase price) and reinstated the Property Appraiser's $11.5 million assessment. The court held that the trial court improperly
• Tobler v. Beckett
  297 So. 2d 59· Fla. 2d DCA· 1974-06-26 ·cited 2×
  Raymond Tobler appealed the denial of his request for injunctive relief and declaratory judgment challenging a city zoning ordinance prohibiting his massage parlor operation, and also challenged the validity of the municipal court prosecuting him. The court affirmed the lower cou
• Fernandez' Heirs v. Fernandez
  184 F.2d 1015· 1st Cir.· 1950-11-13 ·cited 2×
  The court held that the Supreme Court of Puerto Rico's determination of local law regarding de facto officers and collateral attack is not "inescapably wrong" and thus affirmed the judgment.
• Floridians Protecting Freedom, Inc. v. Passidomo
  Fla.· 2024-08-21 ·cited 1×
  The Florida Supreme Court denied a quo warranto petition challenging the Financial Impact Estimating Conference's authority to issue a revised financial impact statement for a proposed abortion amendment, holding that the petitioners waived their right to challenge the Conference
• Hall v. Rayne Cooks
  346 So. 3d 183· Fla. 1st DCA· 2022-08-03 ·cited 1×
  This case involves a lawsuit filed by individuals and organizations seeking to prevent the City of Madison, Florida, from removing a Confederate soldier monument. The plaintiffs argued the removal violated a 1926 deed, a city ordinance, state law, and their constitutional rights.
• Harris v. Harris
  Del. Ch.· 2023-01-19
  The Court of Chancery held that Delaware's Officer Consent Statute can be used to serve process on individuals acting in the functional role of certain corporate officers, even without formal appointment. The court also found that Delaware's Long-Arm Statute, when applied with th
• Rapak v. Acting Comm'r of the Soc. Sec. Admin.
  S.D. Fla.· 2022-11-21
  The court held that the ALJ's decision was supported by substantial evidence and correct legal standards, denying the plaintiff's motion for summary judgment.
• Gelin v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-26
  The court affirmed the Commissioner's decision, finding the ALJ's evaluation of the plaintiff's symptoms was supported by substantial evidence and that the plaintiff's constitutional claim regarding the Commissioner's appointment failed.
• Harrison-Hood v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-26
  The court held that the unconstitutional removal provision of 42 U.S.C. § 902(a)(3) does not necessitate a remand because the provision is severable and the plaintiff failed to demonstrate a nexus between the provision and any compensable harm. The court also found that the ALJ's
• Chestang v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-20
  Plaintiff Donata Romelle Chestang sought judicial review of the Social Security Administration's denial of her disability benefits claim, challenging the constitutionality of the Commissioner's tenure protections, the ALJ's analysis of medical evidence regarding her mental impair
• Gresham v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-06
  Elisha Gresham sought judicial review of the Social Security Administration's denial of her claim for disability insurance benefits, challenging both the constitutional validity of the Commissioner's statutory tenure protections and the ALJ's evaluation of medical opinion evidenc
• Reyno v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-07-12
  The court affirmed the Commissioner's decision, finding that the ALJ applied the correct legal standards and that the findings were supported by substantial evidence.
• Herring v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-14
  The court held that the unconstitutional removal provision of 42 U.S.C. § 902(a)(3) does not necessitate a rehearing because the provision is severable and the plaintiff failed to show a nexus between the provision and any compensable harm. The court also held that it lacked juri
• Meyers v. Quiz-Dia LLC
  Del. Ch.· 2017-06-06
  The Delaware Court of Chancery held that plaintiffs MacDonald and Smythe are entitled to mandatory indemnification from Quizmark LLC and QCE Gift Card LLC for expenses incurred in investigating and defending the Colorado Action. However, they are not entitled to indemnification f
• White v. Gerbitz
  892 F.2d 457· 6th Cir.· 1989-12-20
  The dissenting judge believes the finding of probable cause to arrest and detain Clyde White as a material witness was problematic and not met.
• Andrade v. Regnery
  824 F.2d 1253· D.C. Cir.· 1987-08-04
  The court held that the RIF implementation did not violate the Appointments Clause because the action causing the legally cognizable injury was carried out by a duly appointed official.
• Kynes v. Adams
  23 Fla. Supp. 65· Leon Cty. Cir. Ct.· 1964-07-24
  In this election contest for the Democratic Party nomination for Florida Attorney General, James Kynes challenged the election results where Earl Faircloth prevailed by 599 votes. Kynes alleged that numerous irregularities in voter registration in Alachua County resulted in illeg
• Fain v. Am. Sur. Co. of N.Y.
  178 F.2d 100· 6th Cir.· 1949-12-08
  The court held that secured creditors who seek to participate in bankruptcy proceedings by requesting a re-appraisal or sale of property must file claims, and that their delay in seeking such actions can constitute a waiver of their rights.