Procedural Due Process

3,616 Florida cases classified under this topic, plus 62 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Ashton v. Civiletti
  613 F.2d 923· D.C. Cir.· 1979-10-04 ·cited 28×
  The FBI's communications to an employee created a property interest in his job, entitling him to due process protections before termination, and the district court erred in granting summary judgment.
• Sisbarro v. Warden, Mass. State Penitentiary
  592 F.2d 1· 1st Cir.· 1979-02-08 ·cited 28×
  Prison transfers, even interstate, do not implicate due process rights unless state law creates a justifiable expectation against such transfers. The statutes and compacts cited do not create such an expectation.
• Colm v. Cyrus R. Vance
  567 F.2d 1125· D.C. Cir.· 1977-11-18 ·cited 28×
• Pas P. Torres, Jr. v. First State Bank OF Sierra Cnty.
  550 F.2d 1255· 10th Cir.· 1977-03-03 ·cited 28×
  The court held that a motion to dismiss for failure to state a claim must be treated as a motion for summary judgment if matters outside the pleadings are considered, requiring notice and opportunity for opposing parties to present evidence.
• Pickens v. Okolona Mun. Separate Sch. Dist.
  527 F.2d 358· 5th Cir.· 1976-02-23 ·cited 28×
  The court held that Singleton v. Jackson Municipal Separate School District does not apply because there was no desegregation-related reduction in teaching staff, and therefore the plaintiff is not entitled to Singleton's procedural protections.
• Klinge v. Lutheran Charities Ass'n OF ST. Louis
  523 F.2d 56· 8th Cir.· 1975-08-04 ·cited 28×
  The court held that the plaintiff received adequate procedural due process and that the hospital's decision to remove him from staff was supported by substantial evidence, thus affirming the grant of summary judgment.
• Calhoun v. Cook
  487 F.2d 680· 5th Cir.· 1973-08-21 ·cited 28×
  The court held that the district court's approval of a class action compromise plan and denial of intervention petitions were improper due to lack of a fully developed record, insufficient opportunity for discovery and hearings, and procedural errors.
• Siegfried Hernandez v. European Auto Collision, Inc.
  487 F.2d 378· 2d Cir.· 1973-06-29 ·cited 28×
  The sale provisions of the New York Lien Law are unconstitutional as applied because they permit the permanent deprivation of a significant property interest without a prior hearing.
• Pa. GAS & Water Co. v. Fed. Power Comm'n
  463 F.2d 1242· D.C. Cir.· 1972-05-02 ·cited 28×
  The Federal Power Commission can approve a settlement of rate proceedings without a full hearing, even over the objection of a party, if there is no genuine issue of material fact and the settlement is deemed in the public interest.
• Aalund v. Marshall
  461 F.2d 710· 5th Cir.· 1972-03-07 ·cited 28×
  The court affirmed the denial of habeas corpus, holding that the alien received adequate notice and that the denial of discretionary relief was not arbitrary or capricious.
• Hunt v. Local Bd. NO. 197
  438 F.2d 1128· 3d Cir.· 1971-02-05 ·cited 28×
  The court held that the appellant failed to establish subject matter jurisdiction in the district court because his claims involved factual determinations and discretionary judgments by the local board, which are barred from pre-induction review by statute.
• Garvey v. Freeman
  397 F.2d 600· 10th Cir.· 1968-06-28 ·cited 28×
  The court held that judicial review of administrative determinations under the voluntary wheat program is not precluded, and that the administrative record, when compared to the affidavits, did not reveal substantial discrepancies supporting a claim of procedural due process deni
• Nat'l Labor Relations Bd. v. Ortronix, Inc.
  380 F.2d 737· 5th Cir.· 1967-07-11 ·cited 28×
  The court held that the National Labor Relations Board's order was arbitrary and unreasonable because material disputed facts required a hearing on the merits, which was denied.
• Neb. Dep't OF Aeronautics v. Civil Aeronautics Bd.
  298 F.2d 286· 8th Cir.· 1962-01-04 ·cited 28×
  The court held that the Civil Aeronautics Board (CAB) may authorize temporary suspension of air service under Section 401(j) of the Act without a prior hearing, and that the evidence presented was sufficient to support the Board's findings.
• Chao-Ling Wang v. Alva L. Pilliod
  285 F.2d 517· 7th Cir.· 1960-12-27 ·cited 28×
  The court held that the District Court applied the wrong standard in reviewing the Attorney General's discretionary decision to withhold deportation and that the plaintiff had a fair opportunity to present his case.
• Bufalino v. Holland
  277 F.2d 270· 3d Cir.· 1960-04-01 ·cited 28×
  The court held that the appellant's failure to register his address was willful and not excusable, rendering him deportable, and that the Attorney General did not abuse discretion in denying discretionary relief.
• Bradshaw v. United States
  242 F.2d 180· 10th Cir.· 1957-01-30 ·cited 28×
  A registrant claiming ministerial status is not entitled to a Department of Justice hearing if their claim is sustained by the local board.
• Steele v. United States
  240 F.2d 142· 1st Cir.· 1956-12-21 ·cited 28×
• State v. Fernandez
  114 So. 3d 266· Fla. 3d DCA· 2013-04-03 ·cited 27×
  The Florida Department of Highway Safety and Motor Vehicles challenged a circuit court decision quashing an administrative hearing officer's suspension of a driver's license for refusal to submit to a breath test. The district court held that a hearing officer may appear telephon
• Clay Cnty. v. Kendale Land Dev., Inc.
  969 So. 2d 1177· Fla. 1st DCA· 2007-12-05 ·cited 27×
  Clay County sought review of a trial court order granting Kendale Land Development's certiorari petition and reversing an administrative hearing officer's denial of a Concurrency Reservation Certificate. The First District Court of Appeal reversed the trial court, holding that th
• State v. Whitley
  846 So. 2d 1163· Fla. 5th DCA· 2003-05-02 ·cited 27×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that quashed Whitley's driver's license suspension following a DUI arrest. The Fifth District Court of Appeal reversed, holding that a breath test need not be administ
• State v. Porter
  791 So. 2d 32· Fla. 2d DCA· 2001-05-04 ·cited 27×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court's decision to quash a hearing officer's order sustaining the suspension of Ronald Porter's driver's license for refusing a breath test. The appellate court reversed, holding th
• Hall v. State
  742 So. 2d 225· Fla.· 1999-07-01 ·cited 27×
  Freddie Lee Hall, a death row inmate, appealed the trial court's denial of his rule 3.850 postconviction motion, raising five claims including that his mental retardation rendered him incompetent at resentencing. The Florida Supreme Court affirmed the trial court's order, finding
• Longshore Lakes Joint Venture v. Mundy
  616 So. 2d 1047· Fla. 2d DCA· 1993-03-19 ·cited 27×
  The court affirmed the grant of a temporary injunction but reversed and remanded because the trial court set the injunction bond without allowing the parties to present evidence on the appropriate bond amount.
• Swank v. Smart
  898 F.2d 1247· 7th Cir.· 1990-03-27 ·cited 27×
  The court held that the officer was deprived of procedural due process because he was not given an opportunity to respond to the police chief's written statement, which served as evidence against him. However, a genuine issue of material fact exists regarding whether he waived hi
• Felicisimo N. Martin v. Gentile
  849 F.2d 863· 4th Cir.· 1988-06-17 ·cited 27×
  The court held that the use of a loaded shotgun through a car windshield, causing fear, constituted an unreasonable use of force violating the Fourth Amendment, entitling the victim to damages.
• United States ex rel. Joseph Kosik, Jr. v. Napoli
  814 F.2d 1151· 7th Cir.· 1987-02-26 ·cited 27×
  The court held that even if pretrial identification procedures were unduly suggestive, the subsequent trial identifications were sufficiently reliable under the totality of the circumstances to satisfy due process requirements.
• Clement A. Snell v. Suffolk Cnty.
  782 F.2d 1094· 2d Cir.· 1986-01-22 ·cited 27×
  The court held that the district court did not err in waiving EEOC filing requirements under the 'single filing rule' and in allowing the trial of racial harassment claims, as the employer had sufficient notice and opportunity to defend. The court also affirmed the finding of emp
• Kelleher v. Flawn
  761 F.2d 1079· 5th Cir.· 1985-06-03 ·cited 27×
  The court held that the reassignment of an assistant instructor was not a First Amendment violation because it was based on insubordination, not protected speech, and did not violate due process as there was no deprivation of a property interest or a liberty interest requiring a
• Franz v. United States
  707 F.2d 582· D.C. Cir.· 1983-05-10 ·cited 27×
  The court held that the government officials administering the Witness Protection Program are constitutionally accountable for infringing upon a father's rights to companionship with his children by facilitating their relocation and concealment without adequate procedural protect
• United States v. Carl E. Banks & Arthester McCruiston
  687 F.2d 967· 7th Cir.· 1982-08-23 ·cited 27×
  The court held that the defendant failed to preserve the issue of the admissibility of prior convictions for appeal by not obtaining a definitive ruling from the trial court. It also held that the trial court did not abuse its discretion in conducting the voir dire or denying sev
• Jimenez v. The Tuna Vessel "Granada
  652 F.2d 415· 5th Cir.· 1981-07-20 ·cited 27×
  The court held that the trial court violated procedural due process by deciding the case on unpleaded grounds of unseaworthiness without adequate notice to the defendant.
• Proffitt v. Ciccone
  506 F.2d 1020· 8th Cir.· 1974-11-15 ·cited 27×
  The court affirmed the district court's denial of relief, finding that while the prisoner's claims stated prima facie cases, the procedures followed were sufficient to avoid constitutional challenge.
• Brubaker v. Bd. OF Educ.
  502 F.2d 973· 7th Cir.· 1974-07-31 ·cited 27×
• Pena v. Rodriguez
  273 So. 3d 237· Fla. 3d DCA· 2019-05-22 ·cited 26×
  David Pena appeals a final paternity judgment establishing parental responsibility, timesharing, and child support. The trial court based its judgment on informal counsel proffer rather than sworn evidence presented at a full evidentiary hearing, thereby denying Pena procedural d
• Iralett Sha'ron Douglas v. Doyle Dawana Johnson
  65 So. 3d 605· Fla. 2d DCA· 2011-07-15 ·cited 26×
  The court held that the Mother was denied procedural due process by the trial court's refusal to allow her to present witnesses or evidence regarding jurisdiction.
• State Farm Mut. Auto. Ins. Co. v. Rhodes & Anderson, D.C., P.A.
  18 So. 3d 1059· Fla. 2d DCA· 2008-03-26 ·cited 26×
  State Farm sought certiorari review challenging a circuit court decision that affirmed summary judgments in favor of a chiropractic provider in three consolidated PIP benefit disputes. The court held that a chiropractic provider seeking to deny payment for a single diagnostic tes
• M.J.W. v. Dep't of Child. & Families
  825 So. 2d 1038· Fla. 1st DCA· 2002-09-13 ·cited 26×
  The Florida First District Court of Appeal reversed a parental rights termination order because the Department of Children and Families failed to serve the mother with proper notice as required by statute and court rules. Although the mother had actual knowledge of the proceeding
• Crepage v. City OF Lauderhill
  774 So. 2d 61· Fla. 4th DCA· 2000-11-08 ·cited 26×
  Nicholas Crepage appeals a probable cause determination in a vehicle forfeiture case, arguing that the city's provision of only twenty-four hours' notice of the adversarial preliminary hearing violated his right to procedural due process. The court reverses, holding that twenty-f
• Colon v. Lieutenant Bruce Schneider
  899 F.2d 660· 7th Cir.· 1990-04-12 ·cited 26×
  The court held that Wisconsin administrative regulations governing the use of mace do not create a federally protected liberty interest for inmates, and therefore, the inmate's due process claim fails.
• Delwood C. Collins v. Marina-Martinez
  894 F.2d 474· 1st Cir.· 1990-01-24 ·cited 26×
  A university administrator's actions in terminating a tenured professor without adequate notice and a meaningful opportunity to be heard violate procedural due process, and qualified immunity does not shield the administrator from liability when the right to due process was clear
• Goral v. State
  553 So. 2d 1282· Fla. 3d DCA· 1989-12-05 ·cited 26×
  Paul Goral appeals his conviction for indirect criminal contempt and 60-day jail sentence. The Florida District Court of Appeal reverses because the trial court failed to follow mandatory procedural due process safeguards under Florida Criminal Procedure Rule 3.840.
• Bateson v. Geisse
  857 F.2d 1300· 9th Cir.· 1988-09-20 ·cited 26×
  The City Council's arbitrary withholding of a building permit, after all requirements were met, violated the developer's substantive due process rights and constituted official policy, making the City and council members liable. The court also affirmed the dismissal of procedural
• Kauth v. Hartford Ins. Co. OF Ill.
  852 F.2d 951· 7th Cir.· 1988-07-19 ·cited 26×
  The court held that a plaintiff alleging deprivation of a state-created property interest without a violation of other substantive constitutional rights, and without alleging inadequacy of state remedies, has not stated a substantive due process claim. The court also held that se
• Wood v. Ostrander
  851 F.2d 1212· 9th Cir.· 1988-07-13 ·cited 26×
  The court held that the district court properly granted summary judgment because no special relationship was created and the officer was entitled to qualified immunity.
• Bent v. Commissioner OF Internal Revenue
  835 F.2d 67· 3d Cir.· 1987-12-15 ·cited 26×
  The court held that a settlement amount received for the violation of a taxpayer's First Amendment right to freedom of speech is deductible from taxable income as damages for personal injuries under I.R.C. § 104(a)(2).
• Pesaplastic v. Cincinnati Milacron Co.
  799 F.2d 1510· 11th Cir.· 1986-09-24 ·cited 26×
  The court affirmed the district court's contempt findings and cost judgments, finding no abuse of discretion in the sanctions imposed for discovery violations.
• Shah v. Cnty. OF LOS Angeles
  797 F.2d 743· 9th Cir.· 1986-08-15 ·cited 26×
  The court held that a claim for substantive due process violation is not barred by the availability of state remedies, and that a municipal liability claim based on alleged policy or custom cannot be dismissed on the pleadings alone.
• Donald W. Hewitt, M.D. v. Peter Grabicki, M.D.
  794 F.2d 1373· 9th Cir.· 1986-07-18 ·cited 26×
  The court held that the plaintiff failed to exhaust administrative remedies for claims related to the 1979 report, that the 1978 report's comments were matters of professional judgment not subject to amendment under the Privacy Act, that no adverse determination or willful miscon
• Clark v. Cohen
  794 F.2d 79· 3d Cir.· 1986-06-26 ·cited 26×
  The Eleventh Amendment does not bar federal courts from ordering state officials to fund remedial measures necessary to undo the harmful effects of past constitutional violations, and a plaintiff's prolonged involuntary commitment without adequate procedural review or appropriate