Deprivation Of Procedural Due Process

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

• Palmigiano v. Baxter
  487 F.2d 1280· 1st Cir.· 1973-11-16 ·cited 56×
  The court held that while a prisoner has a right to use immunity for statements made in disciplinary hearings to protect against self-incrimination in subsequent criminal prosecutions, they do not have a right to retained counsel in such hearings, nor must adverse witnesses alway
• Durso v. Rowe
  579 F.2d 1365· 7th Cir.· 1978-07-19 ·cited 50×
  Revocation of a prisoner's work-release status may implicate a constitutionally protected liberty interest if based on state law or practice conditioning such revocation upon proof of misconduct or specified events, and equal protection claims are not limited to suspect classific
• Austin Mun. Sec., Inc. v. Nat'l Ass'n OF Sec. Dealers, Inc.
  757 F.2d 676· 5th Cir.· 1985-04-15 ·cited 38×
  The National Association of Securities Dealers, Inc. (NASD) and its disciplinary officers possess absolute immunity for actions within the scope of their official duties, and legislation authorizing NASD's disciplinary process implicitly repeals inconsistent antitrust provisions.
• Hoehne v. Cnty. OF SAN Benito
  870 F.2d 529· 9th Cir.· 1989-03-15 ·cited 35×
  The court held that the landowners' federal claims were ripe because the county's actions, including legislative rezoning and denial of subdivision applications, demonstrated a final decision and futility in pursuing further administrative remedies.
• Ann M. Zimmerer, Ph.D. v. Spencer
  485 F.2d 176· 5th Cir.· 1973-08-28 ·cited 30×
  A non-tenured teacher with a legitimate claim of entitlement to reemployment based on institutional policies and practices has a property interest protected by due process, and the court may award appropriate relief for denial of that process.
• Laje v. R. E. Thomason Gen. Hosp.
  564 F.2d 1159· 5th Cir.· 1977-12-19 ·cited 20×
  The court held that the district court erred in substituting its judgment for the hospital board's decision regarding staff privileges, as the board's decision was supported by substantial evidence and followed fair procedures.
• Ray v. Sch. Dist. of DeSoto Cnty.
  666 F. Supp. 1524· M.D. Fla.· 1987-08-05 ·cited 14×
  The court denied the motion for a preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits regarding the exclusion of HIV-positive hemophiliac children from regular classrooms.
• Loraine Pollock v. Baxter Manor Nursing Home
  706 F.2d 236· 8th Cir.· 1983-04-27 ·cited 14×
  A liberty interest is not implicated in employee discharge cases unless the employer disseminates false and defamatory charges.
• Montgomery v. Boshears
  698 F.2d 739· 5th Cir.· 1983-02-22 ·cited 12×
  A non-tenured university employee has no property interest in continued employment and cannot claim a liberty interest or First Amendment retaliation if the university shows independent, compelling reasons for non-renewal.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 611· 3d Cir.· 1989-11-22 ·cited 8×
  The court held that the jury's finding of a procedural due process violation could not be sustained because the plaintiff failed to demonstrate a protected property or liberty interest, and thus the district court erred in denying the motion for judgment notwithstanding the verdi
• Harris v. Blake
  798 F.2d 419· 10th Cir.· 1986-08-14 ·cited 8×
  The court held that the plaintiff received adequate procedural and substantive due process, and that the decisions affecting his enrollment were academic rather than disciplinary.
• Greene v. Morgan M. Finley
  749 F.2d 467· 7th Cir.· 1984-12-03 ·cited 8×
  The court held that a criminal trial, even if later overturned on jurisdictional grounds, provides sufficient process when the underlying facts are undisputed and directly relate to the employee's fitness for public service, thus negating the need for a separate termination heari
• Miller v. Dean
  552 F.2d 266· 8th Cir.· 1977-04-06 ·cited 8×
  The Board of Education was justified in terminating the superintendent's contract, and the district court correctly denied relief.
• Rogaciano Gonzales Mendoza v. Blodgett
  960 F.2d 1425· 9th Cir.· 1992-04-01 ·cited 6×
  The court held that while the inmate had a state-created liberty interest in the dry cell policy and was denied due process, prison officials were entitled to qualified immunity. The court also held that the inmate did not have a state-created liberty interest in visitation regul
• Archuleta v. The Colo. Dep't OF Insts.
  936 F.2d 483· 10th Cir.· 1991-06-20 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiff failed to prove retaliation, that her sex discrimination claim was not reasonably related to her EEOC charge, and that her substantive due process claim failed because adequate post-termination remedies
• Adams v. Wainwright
  512 F. Supp. 948· N.D. Fla.· 1981-04-15 ·cited 5×
  The court held that the state's prison regulations created a liberty interest for the plaintiff, and the procedures used to transfer him to administrative confinement violated his Fourteenth Amendment due process rights.
• Bishop v. Tice
  704 F.2d 417· 8th Cir.· 1983-04-13 ·cited 2×
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the judgment.
• Ocean Cap. Funding, LLC v. Obsidian Fin. Servs., Inc.
  Fla. 3d DCA· 2025-12-10
  A trial court's sua sponte dismissal under Florida Rule of Civil Procedure 1.070(j) for failure to perfect service of process violates due process when entered without notice to the plaintiff and an opportunity to be heard, even if prior orders warned of potential dismissal.
• W.B. v. State
  Fla. 3d DCA· 2022-06-29
  Four juveniles appealed delinquency adjudications conducted remotely via videoconferencing during the COVID-19 pandemic without case-specific findings of necessity. The Third District Court of Appeal held that due process protections, including the right to confrontation, require