Injunctive Relief

8,020 Florida cases classified under this topic · sorted by citation count

• Henderson v. The Sec'y OF Corr.
  518 F.2d 694· 10th Cir.· 1975-06-26 ·cited 8×
  The court held that while a prisoner's claim for release must be brought as a habeas corpus petition, a claim for damages and injunctive relief for inadequate medical care can be brought under 42 U.S.C. § 1983, but in this case, the alleged inadequate care did not rise to a const
• Omaha Tribe OF Indians v. Peters
  516 F.2d 133· 8th Cir.· 1975-05-09 ·cited 8×
  The court held that 28 U.S.C. § 1360 permits Nebraska to tax income earned by Indians on reservations within the state. The court also affirmed that federal courts have original jurisdiction despite the Tax Injunction Act.
• Rhodes v. City OF Chicago in Tr. For the USE OF Schs.
  516 F.2d 1373· 7th Cir.· 1975-04-28 ·cited 8×
  The court held that the district court properly granted summary judgment because the Uniform Relocation Assistance and Real Property Acquisition Act does not create private rights of action, and the state court provided an adequate forum for the plaintiffs' claims.
• Caprio v. Wilson
  513 F.2d 837· 9th Cir.· 1975-04-08 ·cited 8×
  The court held that the district court properly denied injunctive relief, damages, and the joinder of the Post Office as an involuntary plaintiff.
• Rabinowitz v. Bd. OF Junior Coll. Dist. NO. 508
  507 F.2d 1255· 7th Cir.· 1974-12-23 ·cited 8×
  The court held that the voluntary cessation of the complained-of action does not moot the litigation unless there is assurance the wrong will not be repeated.
• Interstate Commerce Comm'n v. All-American, Inc.
  505 F.2d 1360· 7th Cir.· 1974-11-04 ·cited 8×
  The court held that the doctrine of primary jurisdiction does not apply when the Interstate Commerce Commission itself seeks to enforce its own regulations in federal court.
• Molokai Homesteaders Coop. Ass'n & Life of the Land v. Rogers B. Morton
  506 F.2d 572· 9th Cir.· 1974-10-29 ·cited 8×
  The court held that the Board of Land and Natural Resources had the authority to enter into a contract for the rental of space in the Molokai Irrigation System for non-irrigation purposes, and that federal statutes and NEPA did not require further federal approval or an environme
• Star v. Preller
  419 U.S. 956· U.S.· 1974-10-29 ·cited 8×
• Moye v. The City OF Raleigh
  503 F.2d 631· 4th Cir.· 1974-10-01 ·cited 8×
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions, denying injunctive and declaratory relief, and dismissing damages claims without prejudice.
• Bennie Stone Gooden, Jr. v. Miss. State Univ.
  499 F.2d 441· 5th Cir.· 1974-08-19 ·cited 8×
  The court held that the case was moot because the alleged discriminatory action had been withdrawn and no further threat or similar action was shown, thus vacating the injunction.
• Spock v. David
  502 F.2d 953· 3d Cir.· 1974-08-14 ·cited 8×
  The court held that the cost of alternative means of communication can establish the jurisdictional amount for First Amendment claims under 28 U.S.C. § 1331, and affirmed the district court's grant of injunctive relief.
• Colin F. MacCOLLOM v. United States
  511 F.2d 1116· 9th Cir.· 1974-08-02 ·cited 8×
  The court held that an indigent prisoner does not have a constitutional or statutory right to a free transcript to search for errors to base a motion to vacate sentence.
• Redfearn v. Del. Republican State Comm.
  502 F.2d 1123· 3d Cir.· 1974-07-29 ·cited 8×
  A three-judge court is necessary when a statewide political party rule, which is intertwined with the state's election process, is challenged with a request for injunctive relief.
• Heirs of Hubert Burat (Buras) v. Bd. OF Levee Comm'rs OF the Orleans Levee Dist. OF the State OF La.
  496 F.2d 1336· 5th Cir.· 1974-07-15 ·cited 8×
  The court held that the plaintiffs' claim of title, even if derived from federal sources, does not present a federal question sufficient to establish federal court jurisdiction under 28 U.S.C.A. § 1331(a) when the core dispute is a state-law land title controversy.
• Tobe Duhon, Jr. v. Goodyear Tire & Rubber Co.
  494 F.2d 817· 5th Cir.· 1974-05-24 ·cited 8×
  The court held that supervening case law requires enjoining the use of the education requirement and allows for back pay and seniority relief for affected class members.
• Bigelow v. Howze
  291 So. 2d 645· Fla. 2d DCA· 1974-03-20 ·cited 8×
  The Florida District Court of Appeal affirmed a lower court decision voiding a public contract for property reappraisal services based on violations of Florida's Government in the Sunshine Law. Two county commissioners, serving on a fact-finding committee, violated the Sunshine L
• LEE v. Fla. High Sch. Activities Ass'n, Inc.
  291 So. 2d 636· Fla. 3d DCA· 1974-03-19 ·cited 8×
  The court held that the FHSAA's actions constitute state action and that the plaintiff was denied due process when declared ineligible without a proper hearing.
• Allen v. Sisters OF Saint Joseph
  490 F.2d 81· 5th Cir.· 1974-03-01 ·cited 8×
  The court held that the case was moot because the plaintiff had already given birth and obtained the sterilization she sought, rendering injunctive relief impossible and the controversy no longer live.
• Nieves v. Oswald
  498 F.2d 802· 2d Cir.· 1974-01-30 ·cited 8×
  The court should not declare the case moot based on the state's voluntary cessation of challenged conduct.
• United States v. ITT Cont'l Baking Co.
  485 F.2d 16· 10th Cir.· 1973-09-24 ·cited 8×
  The court held that all three transactions constituted prohibited indirect acquisitions under the FTC consent order, and that ITT Continental Baking Company was liable as a successor. However, the court affirmed the trial court's determination that the violations were not continu
• Finish Allatoona's Interstate Right, Inc. v. Brinegar
  484 F.2d 638· 5th Cir.· 1973-08-31 ·cited 8×
  The court held that the Secretary's approval of the highway route was proper, as no feasible and prudent alternative existed and the government met its burden to minimize environmental harm.
• The Seven-Up Co. v. Fed. Trade Comm'n
  478 F.2d 755· 8th Cir.· 1973-05-31 ·cited 8×
  The court held that the district court properly dismissed Seven-Up's claim for lack of subject matter jurisdiction, as judicial intervention in ongoing agency proceedings is generally barred.
• Hampton v. Graff Vending Co.
  478 F.2d 527· 5th Cir.· 1973-05-09 ·cited 8×
  The court held that the defendant's geographic price discrimination in the wholesale market for gum constituted a violation of the Robinson-Patman Act, as the defendant failed to establish the good faith meeting competition defense.
• United States ex rel. Francis J. Sledjeski v. Commanding Officer
  478 F.2d 1147· 2d Cir.· 1973-05-03 ·cited 8×
  A reservist must be clearly advised of their right to claim hardship before their failure to do so can be considered a waiver.
• Rhodes v. Bureau OF Prisons
  477 F.2d 347· 5th Cir.· 1973-04-27 ·cited 8×
  The court held that while the claim for injunctive relief was moot, the prisoner's claim for damages under 42 U.S.C. § 1983 failed as a matter of law.
• Escambia Chem. Corp. v. Fisher
  277 So. 2d 307· Fla. 1st DCA· 1973-04-24 ·cited 8×
  The Florida District Court of Appeal reversed a lower court's decision, holding that a county tax assessor improperly assessed a chemical plant's property value. The court found the assessor failed to conduct a new annual valuation and did not follow statutory guidelines, includi
• Container Corp. OF Am. v. Rutherford
  293 So. 2d 379· Fla. 1st DCA· 1973-04-12 ·cited 8×
  Container Corporation and other timber companies appealed tax assessments of their Madison County timberlands, challenging the tax assessor's refusal to follow Department of Revenue guidelines. The court held that the assessor failed to meet the statutory burden of proving his ex
• Anderson v. Nemetz
  474 F.2d 814· 9th Cir.· 1973-01-24 ·cited 8×
  The court held that the appellant had standing to challenge the Arizona vagrancy statute and that the Younger abstention doctrine did not apply because no state prosecution was pending.
• Milner v. Colonel R. H. Burson
  470 F.2d 870· 5th Cir.· 1972-12-06 ·cited 8×
  The court held that federal intervention in state criminal prosecutions is improper unless bad faith or harassment is shown, and the district court erred by not applying this standard.
• Fowler v. Edward ("Ike") Merry
  468 F.2d 242· 10th Cir.· 1972-10-10 ·cited 8×
  The court held that an order denying a motion to amend a complaint to add a party is not an immediately appealable order.
• United States v. Int'l Longshoremen's Ass'n
  460 F.2d 497· 4th Cir.· 1972-05-03 ·cited 8×
• PAN Am. World Airways, Inc. v. The Duly Authorized Gov't OF the Virgin Islands
  459 F.2d 387· 3d Cir.· 1972-04-21 ·cited 8×
  The court held that the Virgin Islands' gross receipts tax, as applied to an international air carrier, was constitutional because the apportionment formula used was not shown to be a disproportionate exaction or to cause multiple taxation, and the district court had jurisdiction
• Hodgson v. Ellis Transp. Co.
  456 F.2d 937· 9th Cir.· 1972-03-15 ·cited 8×
  The court held that Ellis Transportation's employees are not exempt from the Fair Labor Standards Act's overtime requirements because the company is not a common carrier by motor vehicle, and that a supervising mechanic was an employee, not an independent contractor, based on eco
• Schooley v. Norden Wetstone and Marshall Wetstone
  258 So. 2d 483· Fla. 2d DCA· 1972-03-03 ·cited 8×
  The Florida District Court of Appeal affirmed a circuit court judgment requiring the Lee County Agricultural Zoning Board to classify the Wetstones' property as agricultural for 1970. The court held that landowners may directly challenge agricultural zoning board decisions via de
• Direct Mail Advertising Ass'n, Inc. v. United States Postal Serv.
  458 F.2d 813· D.C. Cir.· 1972-02-22 ·cited 8×
  Temporary postal rates are not subject to the phasing-in requirements applicable to permanent rates under the Postal Reorganization Act.
• Bulluck v. Washington
  468 F.2d 1096· D.C. Cir.· 1972-01-19 ·cited 8×
• Shatterproof Glass Corp. v. Buckmaster
  256 So. 2d 531· Fla. 2d DCA· 1972-01-05 ·cited 8×
  Shatterproof Glass Corporation appealed an interlocutory summary judgment order and final injunction enjoining it from using the trade name "National Glass Company" in Pinellas County. The court affirmed, holding that the domestic corporation (National Glass Company) was entitled
• Woolsey v. Beto
  450 F.2d 321· 5th Cir.· 1971-10-28 ·cited 8×
• Scott v. Hill
  449 F.2d 634· 6th Cir.· 1971-10-07 ·cited 8×
  A federal court should not enjoin state criminal proceedings absent bad faith, but a claim for declaratory and injunctive relief regarding state court reapportionment requires a three-judge court.
• Barefield v. Davis
  251 So. 2d 699· Fla. 1st DCA· 1971-08-31 ·cited 8×
  The First District Court of Appeal of Florida reversed a lower court's injunction that prohibited the use of land for a trailer park. The court found that the Board of County Commissioners had the authority to alter its regulations at will, and therefore, a later resolution allow
• Lucia v. United States
  447 F.2d 912· 5th Cir.· 1971-08-23 ·cited 8×
• O'Mara v. Captain William Zebrowski
  447 F.2d 1085· 3d Cir.· 1971-08-10 ·cited 8×
  The court held that the Army's procedures for involuntary activation of reservists, while potentially improvable, did not violate constitutional due process requirements given the military context.
• Healy v. James
  445 F.2d 1122· 2d Cir.· 1971-07-15 ·cited 8×
  The court held that the college president acted within his broad discretion in denying official recognition to a student organization, as the students failed to comply with college policies and procedural due process requirements.
• Cynthia v. O'Kelly
  448 F.2d 148· 5th Cir.· 1971-06-01 ·cited 8×
  The court held that while the original dispute over the 1970 summer program was moot, the case should be remanded to consider the ongoing operation and planning of the Title I remedial program.
• Calloway v. Briggs
  443 F.2d 296· 6th Cir.· 1971-05-24 ·cited 8×
  A single district judge cannot dismiss a complaint alleging a state statute violates due process and seeking injunctive relief, as such a case requires a three-judge court.
• Tights, Inc. v. The Honorable Edwin M. Stanley
  441 F.2d 336· 4th Cir.· 1971-04-12 ·cited 8×
  The court held that the Seventh Amendment preserves the right to a jury trial for patent validity and infringement issues when joined with a claim for monetary damages.
• Collins v. Daly
  437 F.2d 736· 7th Cir.· 1971-01-19 ·cited 8×
  The court held that the plaintiff's allegations did not meet the prerequisites for an exception to the Anti-Injunction Act, 26 U.S.C.A. § 7421(a), and thus the district court properly dismissed the action to enjoin tax collection.
• ST. JOE Paper Co. v. Mickler
  241 So. 2d 415· Fla. 1st DCA· 1970-11-17 ·cited 8×
  St. Joe Paper Company appealed a judgment denying agricultural zoning for a 500-acre parcel of its timberland in St. Johns County, Florida. The court upheld the County Agricultural Zoning Board's determination that the land was not being used in a bona fide forestry operation as
• Skolnick v. Bd. OF Comm'rs OF Cook Cnty.
  435 F.2d 361· 7th Cir.· 1970-11-05 ·cited 8×
  The court held that the plaintiffs lack standing to assert the deprivations of which they complain because they are not harmed by the alleged malapportionment and, in fact, benefit from it.
• Orange Cnty. v. Gillespie
  239 So. 2d 132· Fla. 4th DCA· 1970-09-03 ·cited 8×
  A member of a regional planning council appointed by county commissioners is a public officer ineligible to run for State Representative under Chapter 70-80, Laws of Florida, 1970.