146 Florida cases classified under this topic, plus 738 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the Fire Department's affirmative action plan, which granted hiring preferences to women, was valid under intermediate scrutiny due to evidence of past discrimination and ongoing statistical disparities. The court denied plaintiffs' motion and granted defendan
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718 So. 2d 318·
Fla. 2d DCA·
1998-09-16
·cited 2×
The State appealed the trial court's suppression of photographs found during a lawful drug search. The appellate court reversed the suppression of the photographs, finding they were lawfully seized despite not being listed in the warrant.
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The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
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The Libertarian Party of Florida challenged a statute denying filing fee rebates to minor political parties (those with less than 5% of registered voters), arguing it violated Equal Protection and First Amendment rights by disadvantaging minor parties compared to major parties. T
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The term "public housing facility" in section 893.13(l)(i) is not unconstitutionally vague because it is an accepted phrase in English vocabulary that persons of average intelligence can comprehend.
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The court held that Florida's July 6 and July 15 deadlines for minor party candidates to file petition signatures do not unconstitutionally burden First and Fourteenth Amendment rights when considered with other ballot access regulations.
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The court held that Virginia's voter registration scheme, which requires disclosure of a Social Security Number (SSN) and permits its public dissemination, unconstitutionally burdens the fundamental right to vote.
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Section 192.037, Florida Statutes (1991), is constitutional as applied to time-share developments; the statute bears a reasonable relation to the permissible legislative objective of efficient tax assessment and collection, and tax certificates issued pursuant to the statute are
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The court held that the consent decree's provision to promote up to the 59th rank, which constituted a racial preference, violated the Equal Protection Clause because it lacked a strong basis in evidence of past discrimination by the City of Akron.
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The court held that Pennsylvania Bar Admission Rule 203(a)(2)(ii) does not violate the Equal Protection Clause because it is rationally related to Pennsylvania's legitimate interest in securing mutual treatment for its attorneys seeking admission to other states' bars.
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964 F.2d 865·
9th Cir.·
1992-05-18
·cited 2×
California Elections Code sections 6653 and 6661(a) do not violate the First Amendment rights of political parties to freedom of association, as the state's interest in ensuring a modicum of support for ballot access and in maintaining democratic nomination processes outweighs th
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A water district ordinance that disqualifies a board member from considering a water service application if the applicant contributed $250 or more to the member's campaign, but does not disqualify the member if an opponent of the application made a similar contribution, violates
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A state's failure to provide good-time credits for pretrial detention, while allowing them for sentenced prisoners, does not violate the Equal Protection Clause of the Fourteenth Amendment.
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The statute, by targeting speech based on its content, violates the First Amendment because it is not narrowly tailored to serve a compelling state interest and is not the least restrictive means of achieving its objective.
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908 F.2d 458·
9th Cir.·
1990-07-10
·cited 2×
The court held that the statute enhancing criminal penalties for drug sales near schools is constitutional, rejecting challenges based on equal protection and due process.
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907 F.2d 194·
D.C. Cir.·
1990-07-06
·cited 2×
The court should have remanded the case for further fact-finding because genuine issues of material fact existed, making summary judgment inappropriate.
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905 F.2d 632·
2d Cir.·
1990-06-04
·cited 2×
The court affirmed the dismissal, holding that the Social Security Act's excess earnings provision is constitutional and the Secretary's finding that the plaintiff was not 'without fault' in causing overpayments was supported by substantial evidence.
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The court held that the Pennsylvania statute requiring access codes for sexually explicit telephone messages impermissibly burdened adult First Amendment rights and was not the least restrictive means to protect minors.
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The court held that § 1247(d) does not violate the Takings Clause because an adequate remedy exists under the Tucker Act for any potential taking, and that the statute does not violate the Commerce Clause or Contracts Clause.
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Denying unemployment benefits to an individual who voluntarily quits to join a spouse in a new location does not unconstitutionally burden the free exercise of religion.
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The court held that the doctrine of administrative res judicata did not bar the plaintiff's current application for benefits because it raised a colorable constitutional challenge to the Georgia statute that had precluded her husband from remarrying.
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The court held that the Virginia statute disqualifying spouses from unemployment benefits is not facially unconstitutional but violates the Free Exercise Clause as applied to Austin; however, the Eleventh Amendment bars retroactive monetary relief.
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The Fourteenth Amendment requires a state court to give credit against a sentence for pre-conviction jail time served due to inability to post bail, even if the sentence is less than the statutory maximum.
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The panel's holding that a tribal court may exercise criminal jurisdiction over an Indian who is not a member of the tribe is erroneous. Such jurisdiction is not among the inherent sovereign powers retained by tribes and overlooks clear Supreme Court pronouncements to the contrar
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The United States Postal Service's paid-subscriber rule, a requirement for subsidized second-class mailing rates, does not violate the First or Fifth Amendments.
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The court held that a civil rights action seeking damages against HUD is barred by sovereign immunity, and HUD's duty is limited to technical assistance, not correcting all injustices.
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California's exemption statutes, limiting married couples filing jointly to a single set of exemptions, do not violate the Equal Protection Clause or the Supremacy Clause.
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828 F.2d 1446·
10th Cir.·
1987-09-02
·cited 2×
The Tenth Circuit Court of Appeals held that Colorado's statute prohibiting payment for the circulation of initiative or referendum petitions violates the First and Fourteenth Amendments. The court found that paying circulators is a form of political speech essential for dissemin
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The court held that enjoining the defendant from surveying potential jurors would be an unconstitutional prior restraint on his First Amendment rights absent a more convincing factual basis showing an imminent threat to the administration of justice.
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The court held that the discovery rule applies to Arizona's wrongful death statute of limitations when its application would otherwise bar an action before it could reasonably be discovered, to avoid constitutional infirmity.
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A prison regulation restricting inmate-to-inmate correspondence between institutions is constitutional if rationally related to legitimate penological objectives and does not constitute an absolute denial of speech rights.
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The use of gender-based mortality tables to value reversionary interests for estate tax purposes constitutes unconstitutional gender discrimination because it disadvantages female decedents compared to similarly situated male decedents without a substantial relationship to an imp
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The court held that the school board's articulated reasons for not promoting the plaintiff were legitimate and non-discriminatory, and that the plaintiff failed to prove pretext or a recent history of discrimination sufficient to shift the burden of persuasion.
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Arbitrary denial of hospital staff privileges, when state law grants equivalent medical degrees, deprives an individual of a Fourteenth Amendment property right.
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The court held that the City of Dade City engaged in unconstitutional racial discrimination by providing unequal municipal services, specifically street paving, to its black residents.
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The court held that the City of Miami's zoning ordinance, which restricts home occupations based on family residency, is a constitutional exercise of police power and not impermissibly vague as applied to the undisputed facts.
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The HUD regulation implementing a preference for Indian-owned economic enterprises in housing construction contracts is authorized by the Indian Self-Determination Act and does not violate equal protection principles.
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The court held that the disparate treatment of members and nonmembers in accessing club facilities, as established by the Park Commission, did not violate the Equal Protection Clause because it was rationally related to legitimate governmental interests. The court also held that
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The application of Ill.Rev.Stat. ch. 24, § 3-2-7 (1980) to fill an aldermanic vacancy by mayoral appointment, even for an extended period, is constitutional.
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The court held that the Texas Education Code § 21.031(d), which requires minors living apart from parents to prove their presence in a school district is not primarily for attending free public schools, is constitutional.
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The court held that the Postal Service's regulation setting a maximum age of thirty-four for beginning Postal Inspectors was rationally related to a legitimate government interest and thus constitutional.
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The court held that Florida Statute 382.16(5)(c) is constitutional and does not violate the Equal Protection Clause of the Fourteenth Amendment.
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The court held that the Minnesota Family Planning Grants Act's exclusion of nonprofit corporations performing abortions, while funding hospitals and HMOs that also perform abortions, violates the Equal Protection Clause of the Fourteenth Amendment.
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Denying cost-of-living increases to workers' compensation beneficiaries solely because they have left the state infringes their constitutionally protected right to travel.
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A city ordinance mandating retirement at age 65 for DWP employees, while allowing other city employees to work until 70, does not violate equal protection because it is rationally related to legitimate government interests, and the delegation of authority to approve exceptions is
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New York statutes sealing adoption records do not violate the Fourteenth Amendment's Due Process or Equal Protection clauses, nor the Thirteenth Amendment, as they serve important state interests in protecting privacy and promoting adoption.
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Denial of a wife's right to sue for loss of consortium, while allowing a husband to do so, violates the Fourteenth Amendment's Equal Protection Clause.
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Jacksonville enacted an ordinance prohibiting erotic dancers under age 21 from performing in adult-entertainment establishments and requiring a licensing scheme for older dancers. The Eleventh Circuit upheld both provisions, holding that the age restriction should be treated as c