Mathews V. Eldridge Balancing Test

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

• Tomai-Minogue v. State Farm Mut. Auto. Ins. Co.
  770 F.2d 1228· 4th Cir.· 1985-08-19 ·cited 7×
  The dissenting judge holds that the licensee was entitled to a pre-deprivation hearing on the validity of the Maryland judgment and that the Virginia statute did not provide an adequate post-deprivation hearing. The judge also believes the malicious prosecution claim should have
• Project v. Kemp
  918 F.3d 1262· 11th Cir.· 2019-03-21 ·cited 6×
  In this consolidated appeal, the Eleventh Circuit considered whether Georgia's absentee voting procedures violated procedural due process by rejecting mail-in ballots with perceived signature mismatches without providing notice, an opportunity to be heard, or a chance to appeal b
• 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
• Fields v. Durham
  909 F.2d 94· 4th Cir.· 1990-07-19 ·cited 6×
  The court held that the plaintiff received constitutionally adequate pre-deprivation process and had sufficient post-deprivation remedies available, thus failing to state a claim under 42 U.S.C. § 1983.
• Strong v. Bd. OF Educ. OF the Uniondale Union Free Sch. Dist.
  902 F.2d 208· 2d Cir.· 1990-05-02 ·cited 6×
  A tenured teacher's refusal to provide medical records and submit to a physical examination after an extended medical absence does not violate due process, as the school district has a legitimate interest in student welfare and adequate post-deprivation remedies exist. Compelling
• Chem. Waste Mgmt., Inc. v. U.S. Env't Prot. Agency & Lee M. Thomas
  873 F.2d 1477· D.C. Cir.· 1989-05-05 ·cited 6×
  The court held that the EPA's informal procedural regulations for administrative hearings concerning corrective action orders under RCRA § 3008(h) are a reasonable interpretation of an ambiguous statute and not facially inconsistent with due process requirements.
• Mayo v. Lane
  867 F.2d 374· 7th Cir.· 1989-01-25 ·cited 6×
  The court held that the plaintiff lacked standing to challenge a prison visitor ban because she failed to allege a concrete injury or a desire to visit any inmate.
• I. Bertrand Chernin & Myron Chernin v. Welchans
  844 F.2d 322· 6th Cir.· 1988-04-11 ·cited 6×
  The court should not rule on the constitutionality of the entire Ohio landlord-tenant statute because most issues are moot, except for the one percent fee provision.
• Haralson v. Fed. Home Loan Bank Bd.
  837 F.2d 1123· D.C. Cir.· 1988-01-22 ·cited 6×
  The court held that appeals regarding interim attorney fees are interlocutory and thus dismissed, while affirming the denial of an injunction to prevent asset liquidation by a conservator.
• David Yashon, M.D. v. William E. Hunt, M.D.
  825 F.2d 1016· 6th Cir.· 1987-08-03 ·cited 6×
  The court held that the Medical Staff Administrative Committee's (MSAC) consideration of charges previously addressed in disciplinary proceedings was not barred by administrative res judicata, and that the MSAC hearing did not violate plaintiff's procedural due process rights.
• Woodsmall v. Lyng
  816 F.2d 1241· 8th Cir.· 1987-04-15 ·cited 6×
  The court held that the FmHA's denial of a rural housing loan based on creditworthiness is an action committed to agency discretion and thus unreviewable, and that the agency's failure to promulgate further creditworthiness standards does not violate due process or statutory requ
• Joseph H.L. Boston v. Webb
  783 F.2d 1163· 4th Cir.· 1986-02-21 ·cited 6×
  The court held that the plaintiff received sufficient procedural due process, including notice and an opportunity to be heard, to protect his liberty interest in his reputation, even without the right to cross-examine accusers.
• Brown v. McGARR
  774 F.2d 777· 7th Cir.· 1985-10-03 ·cited 6×
  The court held that the district court's adoption of rules creating a trial bar did not deprive attorneys of property without due process of law, as it was a legislative-type rulemaking action, not a disbarment proceeding.
• Coad Miller v. City OF Chicago
  774 F.2d 188· 7th Cir.· 1985-09-24 ·cited 6×
  The court held that the City of Chicago's procedures for towing recovered stolen vehicles without prior notice do not violate the Fourteenth Amendment's due process clause.
• Gussie Davis v. Mansfield Metro. Hous. Auth.
  751 F.2d 180· 6th Cir.· 1984-12-28 ·cited 6×
  The court held that while procedural due process rights were violated by the housing authority's denial of hearings, the required hearings for initial applicants and program participants were less extensive than ordered by the trial court, and damages for mental suffering were no
• Punikaia v. Clark
  720 F.2d 564· 9th Cir.· 1983-09-07 ·cited 6×
  The court held that the leprosy patients did not possess a legitimate entitlement to continued residency and services at the Hale Mohalu facility, and therefore, the due process clause did not require a pre-termination hearing before its closure.
• The Gray Panthers v. Schweiker
  716 F.2d 23· D.C. Cir.· 1983-08-19 ·cited 6×
  The court's opinion provides guidance, not precise relief, for the district court regarding notice and hearing procedures.
• Ray v. Belnap
  707 F.2d 1100· 9th Cir.· 1983-06-10 ·cited 6×
  A public employee's resignation, even if coerced, does not deprive them of liberty or property without due process if they fail to timely pursue available administrative remedies.
• Midshipman First Class Robert O. Wimmer v. The Honorable John F. Lehman, Jr.
  705 F.2d 1402· 4th Cir.· 1983-04-28 ·cited 6×
  The court held that the Naval Academy's procedures did not violate due process and that the Secretary had statutory authority to order the midshipman to active duty. The court reversed the preliminary injunction.
• Brookhart v. Ill. State Bd. OF Educ.
  697 F.2d 179· 7th Cir.· 1983-01-03 ·cited 6×
  The court held that the School District's failure to provide adequate notice of the Minimal Competency Test requirement to handicapped students violated their due process rights, entitling eleven students to diplomas without passing the test.
• Ill. Physicians Union & Elsy Salazar, M.D. v. Miller
  675 F.2d 151· 7th Cir.· 1982-04-13 ·cited 6×
  The court held that the Department's use of statistical sampling and extrapolation in auditing physicians for Medicaid overpayments, and its procedures for challenging such findings, comport with due process, provided physicians have an opportunity to rebut the findings.
• Frumkin v. Bd. OF Trs.
  626 F.2d 19· 6th Cir.· 1980-07-18 ·cited 6×
• Yorktown Med. Lab., Inc. v. Perales
  948 F.2d 84· 2d Cir.· 1991-10-28 ·cited 5×
  The court held that official capacity claims against the state are barred by the Eleventh Amendment, and individual capacity claims fail for lack of a constitutionally protected property interest in payments pending investigation.
• Polovchak v. Meese
  774 F.2d 731· 7th Cir.· 1985-09-10 ·cited 5×
  The court held that the Government violated the Polovchaks' due process rights by failing to notify them of the departure control order and grant a hearing. However, the judge dissents on the district court's injunction, arguing it was a necessary remedy.
• In re Nineteen Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire Litig.
  982 F.2d 603· 1st Cir.· 1992-12-11 ·cited 4×
  The court held that the district court's procedures for awarding attorneys' fees and costs violated procedural due process by severely limiting the participation of individual retained attorneys (IRPAs) in a critical fee determination hearing.
• Briggs v. Sullivan
  954 F.2d 534· 9th Cir.· 1992-01-09 ·cited 4×
  The court held that the Secretary's current practices for investigating prospective representative payees are inadequate to fulfill statutory obligations, and beneficiaries are entitled to retroactive duplicate payments for misappropriated funds.
• Tex. Faculty Ass'n v. Univ. OF Tex. AT Dallas
  946 F.2d 379· 5th Cir.· 1991-10-23 ·cited 4×
  The court held that while faculty were given adequate notice and opportunity to be heard regarding program elimination, they were denied due process regarding their individual terminations because they were not given a meaningful opportunity to demonstrate why they should be reta
• Plumer v. State OF Md.
  915 F.2d 927· 4th Cir.· 1990-10-05 ·cited 4×
  The Court held that while the Parratt doctrine did not bar the plaintiff's claim, the state's license revocation procedures satisfied due process requirements.
• Otto Engdahl v. Dep't OF the Navy
  900 F.2d 1572· Fed. Cir.· 1990-04-17 ·cited 4×
  The court held that the Department of the Navy lawfully suspended Otto Engdahl under Chapter 75 of the Civil Service Reform Act and did not violate his due process rights.
• Bradley v. Colonial Mental Health & Retardation Servs. Bd.
  856 F.2d 703· 4th Cir.· 1988-09-19 ·cited 4×
  The court held that the Bradleys' due process rights were not violated because the employer's grievance procedure, established by an employee manual, provided sufficient procedural safeguards, and the Bradleys failed to demonstrate bias or an inability to confront their accusers.
• Stephany v. Wagner
  835 F.2d 497· 3d Cir.· 1987-12-15 ·cited 4×
  The court held that the prison's administrative segregation rule created a state law expectation triggering federal procedural due process protections, and summary judgment was therefore error.
• Cherie Matthews v. Harney Cnty.
  819 F.2d 889· 9th Cir.· 1987-06-11 ·cited 4×
  The court held that a probationary teacher dismissed mid-contract may have been deprived of property and liberty interests without due process, requiring reversal of summary judgment.
• Franco v. Moreland
  805 F.2d 798· 8th Cir.· 1986-11-18 ·cited 4×
  The court held that the St. Louis County Jail Directive 301 created a protectible liberty interest, and the jury instructions failed to adequately inform the jury of the procedural due process requirements for placing an inmate in administrative segregation.
• Cecil C. RAM, M.D. v. Heckler
  792 F.2d 444· 4th Cir.· 1986-06-06 ·cited 4×
  A physician convicted of medicare fraud is not entitled to a presuspension administrative hearing, but is entitled to a prompt postsuspension hearing to satisfy due process requirements.
• Berg v. Shearer
  755 F.2d 1343· 8th Cir.· 1985-03-05 ·cited 4×
  The court held that the Iowa Department of Job Service's prehearing notice procedure for administrative penalties does not violate due process, and the lack of written standards for determining penalty length also does not violate due process.
• Egerstaffer v. Israel
  726 F.2d 1231· 7th Cir.· 1984-02-09 ·cited 4×
  The use of hearsay evidence at a probation revocation hearing is not per se unconstitutional if it bears substantial indicia of trustworthiness, and participation in a violent incident like pointing a gun is a sufficient ground for revocation.
• B & M Coal Corp. v. Off. OF Surface Mining Reclamation & Enf't
  699 F.2d 381· 7th Cir.· 1983-02-01 ·cited 4×
  The Surface Mining Control and Reclamation Act's requirement to deposit proposed penalties into escrow prior to a formal hearing does not violate procedural due process rights.
• Ungar v. Smith
  667 F.2d 188· D.C. Cir.· 1981-10-30 ·cited 4×
  The court held that while the statute generally precludes judicial review of administrative decisions, it does not bar review of claims alleging unconstitutional administrative action, and that the appellants were denied procedural due process due to insufficient time to prepare
• Ostrowski v. The City OF NEW York
  601 F.2d 629· 2d Cir.· 1979-06-04 ·cited 4×
  The court held that a state law claim, if properly pleaded, could resolve the due process issue and remanded for amendment.
• Buck v. The Bd. OF Educ. OF the City OF NEW York
  553 F.2d 315· 2d Cir.· 1977-04-20 ·cited 4×
  The dissenting judge would hold that the plaintiff was denied due process by not receiving the examiner's report and an opportunity to respond before the Board's final decision.
• Propert v. Dist. OF Columbia
  948 F.2d 1327· D.C. Cir.· 1991-11-19 ·cited 3×
  The District of Columbia's policy of towing and destroying properly licensed or registered 'junk' vehicles without providing adequate notice or a hearing violates the Due Process Clause of the Fifth Amendment.
• United States v. Noriega
  746 F. Supp. 1541· S.D. Fla.· 1990-06-14 ·cited 3×
  The court held that due process requires the government to demonstrate a likelihood that a criminal defendant's assets, which are the defendant's only means of paying for counsel of choice, are connected to illegal activity before they can be frozen.
• Burgess v. Miller
  492 F. Supp. 1284· N.D. Fla.· 1980-06-10 ·cited 3×
  The court held that under the extraordinary circumstances of a public employee strike and resulting emergency, the oral communications and warnings provided to the striking employees constituted sufficient pre-termination due process, despite the lack of formal written notice or
• James v. The City OF ST. Petersburg
  6 F.3d 1457· 11th Cir.· 1993-10-22 ·cited 2×
  Andrea James, a tenant with four dependent children, sued the City of St. Petersburg after her water service was terminated without notice when the previous owner requested disconnection, unaware that James occupied the property. The Eleventh Circuit reversed the district court's
• DR Pepper/Seven-Up Cos., Inc. v. Fed. Trade Comm'n
  991 F.2d 859· D.C. Cir.· 1993-04-16 ·cited 2×
  The court held that the FTC's denial of an acquisition application based on antitrust concerns was justified, but its rejection of the 'failing company' defense was inadequately reasoned.
• LaBARON v. United States
  989 F.2d 425· 10th Cir.· 1993-03-30 ·cited 2×
  The court held that the plaintiffs were entitled to a pre-termination hearing before the termination of their health services, and that their equal protection claim was premature.
• Barnes v. Healy
  980 F.2d 572· 9th Cir.· 1992-11-25 ·cited 2×
  The court held that due process requires specific information in child support notices, including the federally defined collection date and specific reasons for denying pass-through payments, and that such notice must extend to non-AFDC families.
• Nat'l Ass'n OF Radiation Survivors v. Derwinski
  994 F.2d 583· 9th Cir.· 1992-11-24 ·cited 2×
  The court held that the $10 attorney fee limitation for VA benefits claims does not violate due process or First Amendment rights for IR claimants, reversing the district court's decision.
• United States v. Coy Ray Phelps
  955 F.2d 1258· 9th Cir.· 1992-02-04 ·cited 2×
  The court held that an insanity acquittee's Fifth Amendment privilege against self-incrimination is not violated by a court-ordered psychiatric examination or compelled testimony at a release hearing, as these proceedings are civil in nature. The court also held that the statute
• Aacen v. SAN Juan Cnty. Sheriff's Dep't
  944 F.2d 691· 10th Cir.· 1991-09-05 ·cited 2×
  New Mexico's post-judgment execution statutes are unconstitutional because they fail to provide debtors with constitutionally sufficient notice of available property exemptions and the means to assert them. However, the statutes do provide for prompt hearings, and officials are e