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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822 F.2d 97·
D.C. Cir.·
1987-06-26
·cited 48×
The court held that the FBI's hiring decisions are committed to agency discretion and not subject to judicial review under the APA, and that classifying homosexual applicants does not violate the Equal Protection Clause.
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The court held that the denial of access to school facilities for minority union communications did not violate the First Amendment due to the non-public nature of the facilities and availability of alternative communication channels. The court also found that dues check-off priv
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A state statute that implicitly prohibits student assignments for racial balancing while permitting them for other reasons constitutes an impermissible racial classification under the Equal Protection Clause.
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Meyer Pincus challenged Florida's residency requirement for personal representatives, arguing it violated the Fourteenth Amendment's equal protection and due process clauses and the privileges and immunities clause. The Florida Supreme Court upheld the residency requirement as co
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The court held that a federal court cannot compel desegregation of a school system absent a finding of de jure (state-mandated) segregation, even if the school has a de facto racial imbalance.
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The dissenting judge argues that the majority's standard for evaluating conditions of confinement for pretrial detainees is too deferential and rejects established case law.
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The Florida Supreme Court upheld the constitutionality of a statute requiring mandatory revocation of driver's licenses for persons convicted of drug possession, sale, or trafficking. The court rejected the defendant's arguments that the statute violated substantive due process a
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875 F.2d 699·
9th Cir.·
1989-05-03
·cited 45×
The Army's regulations discriminating against individuals based on homosexual orientation violate the Equal Protection Clause of the Fifth Amendment. Such regulations are not necessary to promote a compelling governmental interest and are therefore constitutionally void. The cour
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The dissenting judge argues that the Village's zoning ordinance is a rational means to achieve legitimate zoning objectives and should be upheld.
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The court held that the denial of a special diet during Ramadan and the prohibition of correspondence with Elijah Muhammad were unconstitutional deprivations of religious freedom, while the denial of a specific radio broadcast was permissible.
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The Florida Supreme Court held that Florida's statutory cap on wrongful death noneconomic damages in medical malpractice cases (Fla. Stat. § 766.118) violates the Equal Protection Clause of the Florida Constitution. The court found the cap arbitrarily discriminates against victim
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In the first case reviewing Florida's Fair Districts Amendment (Amendment 5), the Florida Supreme Court upheld the House apportionment plan as facially valid but invalidated the Senate plan as violating the new constitutional standards prohibiting intent to favor political partie
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The City of Lauderhill eliminated the Lead Patrol Officer (LPO) position and reorganized its police department, requiring three former LPOs to retake sergeant exams to maintain their supervisory roles. The officers sued under 42 U.S.C. § 1983 for substantive due process violation
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The court held that allowing a private group to display a menorah with a sponsorship sign in a public park adjacent to City Hall does not violate the Establishment Clause, as it does not convey a message of governmental endorsement of religion.
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The Florida Supreme Court held that a worker's compensation statute limiting death benefits to $1,000 for nonresident alien dependents (except Canadians) while providing $100,000 to other dependents violates the equal protection and due process provisions of the Florida Constitut
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The Florida Supreme Court held that a 2015 law imposing a mandatory 24-hour waiting period before abortion procedures violates Florida's constitutional right to privacy and is presumptively unconstitutional under strict scrutiny review. The court rejected the First District's req
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The court should have abstained from hearing the case due to important state interests implicated in the unlawful detainer proceedings.
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A Florida appellate court affirmed a $12.47 million compensatory damages award in a medical malpractice case involving a young woman rendered permanently brain-damaged by a hospital respirator malfunction, but reversed and reduced the attorney's fees award from $4.4 million to $1
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The court held that the Social Security Act's financing scheme is constitutional and that the state's method of distributing welfare costs among its districts raises a substantial Equal Protection claim warranting a three-judge court.
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784 So. 2d 442·
Fla.·
2001-04-26
·cited 41×
The Florida Supreme Court reviewed a juvenile curfew ordinance, determining the appropriate level of judicial scrutiny. The Court held that strict scrutiny must be applied to juvenile curfew ordinances, a standard more rigorous than the heightened scrutiny used by the lower appel
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Homeowners appealed the denial of an injunction against a city's rezoning ordinance that would permit a hotel development in their residential area. The court reversed, holding that under strict scrutiny review, a hotel use is inconsistent with the city's comprehensive plan desig
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The Florida Supreme Court answered two certified questions from the Eleventh Circuit regarding the Florida Religious Freedom Restoration Act (FRFRA). The Court held that the FRFRA broadens protection for religiously motivated conduct beyond federal constitutional standards by rei
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A Secret Service regulation requiring officers on sick leave to obtain permission before leaving the Washington metropolitan area is constitutional and rationally related to the Service's interest in public safety and efficient operations. The MSPB's determination that the petiti
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The court held that the Army followed its regulations in discharging the plaintiff for fraudulent enlistment by denying homosexuality, and that the discharge did not violate his constitutional rights.
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The court held that Nebraska Legislative Bill 991, prohibiting drug paraphernalia, is constitutional as written and construed, rejecting claims of vagueness, overbreadth, and violations of first and fourth amendment rights.
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The court held that compelling a municipality to adopt a welcoming resolution and undertake a public advertising campaign to promote a particular racial attitude violates the First Amendment.
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The court held that Section 23 of the Federal-Aid Highway Act of 1968 requires compliance with all applicable provisions of Title 23 of the United States Code for the Three Sisters Bridge project, including pre-construction planning and hearing requirements.
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Level 3 Communications challenged the Florida Public Service Commission's authority to include collocation revenues in the calculation of regulatory assessment fees. The Florida Supreme Court affirmed the PSC's decision, holding that collocation revenues constitute gross operatin
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The court held that Florida's statutory provision requiring parental consent or judicial authorization for a minor's abortion is unconstitutional because it does not adequately account for the minor's maturity. The court also held that the spousal notice provision is constitution
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The Florida Supreme Court held that public employers must implement ratified collective bargaining agreements despite conflicts with civil service board rules, finding that giving civil service boards absolute veto power over collective bargaining agreements unconstitutionally ab
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The court held that the Hillsborough County MBE law, unlike the Richmond plan struck down in Croson, was narrowly tailored and supported by evidence of past discrimination, thus surviving constitutional scrutiny.
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Battaglia Fruit Company appealed a circuit court decision that quashed the Orange County Board of County Commissioners' approval of its rezoning application. The appellate court reversed, holding that the circuit court lacked authority to grant certiorari relief to parties who fa
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The court held that the district court erred in dismissing Brennan's claims for prospective relief against the Board members in their official capacities due to the Eleventh Amendment, but affirmed the dismissal of his constitutional claims on the merits.
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The court held that attorneys' speech can be restrained by gag orders to prevent the risk of eliminating a fair trial before an impartial jury.
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The Illinois Compulsory Retirement of Judges Act does not violate the U.S. or Illinois Constitutions. Mandatory retirement at age 70 is rationally related to ensuring a vigorous judiciary and is permissible under equal protection and due process clauses.
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772 F.2d 982·
1st Cir.·
1985-04-04
·cited 35×
The dissenting judge believes the majority opinion is unsupported by law or the record.
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The court held that the district judge did not abuse his discretion in refusing to approve a one-for-one promotion quota.
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The court held that Metropolitan Dade County's ordinance establishing a set-aside and subcontractor goal for black contractors was facially constitutional and properly applied to the Earlington Heights contract. The district court erred in striking down the set-aside.
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The court held that while some injunctive relief was warranted, the plaintiffs were entitled to further relief, including potential damages for constitutional violations, and that the case should be remanded for further consideration of class certification and damages.
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The Florida Supreme Court affirmed the Second District Court of Appeal's declaration that Fla. Stat. § 316.3045, which prohibits amplified sound from vehicles that is "plainly audible" beyond 25 feet, is unconstitutional. The statute violates the First Amendment by creating a con
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The Florida Supreme Court upheld two statutes criminalizing online conduct directed at minors: a luring statute (§ 847.0135) and a transmission statute (§ 847.0138) prohibiting sending harmful material to minors via electronic mail. The court rejected facial constitutional challe
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Paul Cohens petitions for a writ of prohibition to prevent retrial on conspiracy to traffic in cocaine charges, arguing that prosecution would violate double jeopardy protections. The court grants the petition, finding that the trial court abused its discretion by declaring a mis
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The court held that the right of press access to judicial proceedings should be grounded in the First Amendment, not the Sixth Amendment.
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North Dakota's ballot access statute, requiring 15,000 signatures by June 1, and its 'incumbent first' ballot placement statute violate the Constitution, while the statute grouping independent candidates in a single column is permissible.
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The court held that a prior Supreme Court summary affirmance in Romero v. Hodgson is binding precedent, precluding the current challenge to similar statutory exclusions.
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The Florida Supreme Court held that a state statute completely banning collective bargaining by government-employed lawyers violates the Florida Constitution's public employee bargaining rights. The Court found the State failed to demonstrate that an absolute prohibition was nece
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The court held that Michael Hardwick had standing to challenge the Georgia sodomy statute, and that the Supreme Court's summary affirmance in Doe v. Commonwealth's Attorney did not preclude consideration of the constitutional issues.
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The court held that the Civil Service Reform Act of 1978 (CSRA) precludes federal employees from appealing individual downgrading decisions to the Merit Systems Protection Board (MSPB) when they receive grade and pay retention benefits.
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The Florida Supreme Court held that deputy sheriffs are constitutionally entitled to collective bargaining rights under Article I, Section 6 of the Florida Constitution, rejecting statutory provisions and prior precedent that had categorically excluded them. The Court found that