Pre-Deprivation Hearing

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

• Spiegel v. Ryan
  946 F.2d 1435· 9th Cir.· 1991-10-11 ·cited 4×
  The Office of Thrift Supervision (OTS) had statutory authority to issue a temporary cease and desist order requiring restitution, and such an order did not violate due process.
• Williams v. Morris
  697 F.2d 1349· 10th Cir.· 1982-12-06 ·cited 4×
  The court held that the availability of a state court remedy for negligent loss of property by prison employees satisfies due process requirements for a section 1983 claim.
• Sharper Image Corp. v. Dep't OF Revenue OF the State OF Fla.
  704 So. 2d 657· Fla. 1st DCA· 1997-12-08 ·cited 2×
  Sharper Image Corporation appealed a use tax assessment on catalogs distributed to Florida residents, arguing it exercised no taxable privilege in Florida and that newspaper and religious publication tax exemptions violated the First Amendment. The Florida appellate court affirme
• Tiny Tim Gilbert v. Frazier
  931 F.2d 1581· 7th Cir.· 1991-05-16 ·cited 2×
  Illinois prison regulations governing minor disciplinary infractions create a liberty interest protected by the Fourteenth Amendment's due process clause.
• Becker v. Ill. Real Est. Admin. & Disciplinary Bd.
  884 F.2d 955· 7th Cir.· 1989-09-25 ·cited 2×
  The court held that pursuing a real estate license constitutes a liberty interest protected by the Due Process Clause, and the Department's denial of the application without a hearing violated due process.
• Freeman v. Blair
  862 F.2d 1330· 8th Cir.· 1988-12-14 ·cited 2×
  Defendants are entitled to qualified immunity for warrantless searches but not for summary license suspension or retaliation claims.
• Rosenfeld v. Ketter
  820 F.2d 38· 2d Cir.· 1987-05-27 ·cited 2×
  The court held that the student received adequate due process and that campus access restrictions did not violate his First Amendment rights.
• Junior Wilnon Byrd v. Stewart
  803 F.2d 1168· 11th Cir.· 1986-11-10 ·cited 2×
  A state prisoner's claim for deprivation of property under 42 U.S.C. § 1983 is barred if the state provides an adequate post-deprivation remedy, even for intentional deprivations.
• Spradley v. Martin
  897 F. Supp. 560· M.D. Fla.· 1995-08-21 ·cited 1×
  The court held that the plaintiff's due process rights were not violated because adequate post-deprivation remedies existed and the actions were either unauthorized or followed an established procedure that provided sufficient process. Claims for injunctive relief were moot.
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2022-07-05
  The court held that the defendant's motion to dismiss the second amended complaint should be denied, allowing the takings, procedural due process, and negligence claims to proceed.
• T. L. v. F. M.
  Fla. 2d DCA· 2019-03-13
  T.L. petitioned for a writ of prohibition or habeas corpus challenging a circuit court's ex parte order authorizing law enforcement to transport her for involuntary substance abuse assessment and stabilization under Florida's Marchman Act. The court initially denied the petition
• J.P.M. ex rel. C.M. v. Palm Beach Cnty. Sch. Bd.
  499 F. Supp. 2d 521· S.D. Fla.· 2013-01-30
  Summary judgment is granted for the School Board on all federal claims because the plaintiffs failed to produce evidence of intentional discrimination or deliberate indifference, and the state law claims are dismissed without prejudice.
• Barcena v. Dep't of Off-Street Parking
  492 F. Supp. 2d 1343· S.D. Fla.· 2007-01-12
  The court held that a pre-deprivation hearing for towed vehicles is not constitutionally required or feasible, and the available post-deprivation remedies under Florida law were adequate.
• Bailey v. Bd. OF Cnty. Comm'rs
  659 So. 2d 295· Fla. 1st DCA· 1994-12-20
  Bailey sued multiple defendants for false arrest, malicious prosecution, and civil rights violations following his wrongful arrest during an undercover sting operation. The Florida appellate court affirmed dismissal of all claims except a potential negligence claim against Alachu
• Harrison v. City OF Greenfield
  966 F.2d 315· 7th Cir.· 1992-07-08
  The court held that the plaintiff received adequate due process and that his First Amendment rights were not violated by the disciplinary proceedings.
• Thomas v. Fiedler
  884 F.2d 990· 7th Cir.· 1989-09-06
  The appeal is dismissed as moot because subsequent legislative amendments to the challenged Act rendered the case moot, and the district court's judgment is vacated with directions to dismiss the complaint.
• Johnson v. Cohen
  836 F.2d 798· 3d Cir.· 1987-12-31
  The court held that its jurisdiction was proper under 28 U.S.C. § 1291 because the district court's decision found the implementing regulations, not the statute itself, to be unconstitutional. The court reversed the district court's injunction based on the Supreme Court's ruling
• Dalton Ray Goolsby v. The City OF Montgomery
  805 F.2d 1008· 11th Cir.· 1986-12-10
  The court held that a post-deprivation hearing can cure procedural irregularities when state law provides adequate post-deprivation remedies, and that the plaintiff received such an adequate hearing.
• Gelber v. Rozas
  584 F. Supp. 902· S.D. Fla.· 1984-05-14
  The court holds that it has subject matter jurisdiction over the federal claims but must dismiss pendent state law claims seven and eight.