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

• Riggins v. Bd. OF Regents OF the Univ. OF Neb.
  790 F.2d 707· 8th Cir.· 1986-05-12 ·cited 26×
  The court held that the pretermination notice and hearing afforded to the plaintiff were constitutionally adequate, and her failure to utilize the available post-termination grievance procedure constituted a waiver of any claim regarding its inadequacy.
• Little Rock Sch. Dist. v. Pulaski Cnty. Special Sch. Dist. NO. 1
  778 F.2d 404· 8th Cir.· 1985-11-07 ·cited 26×
  The court held that the Granite Mountain transfer was not a proper basis for an interdistrict remedy and that lawfully operated private schools are not an issue for the parties to address.
• Boals v. Gray
  775 F.2d 686· 6th Cir.· 1985-10-22 ·cited 26×
  The court agrees that the initial three-day suspension was de minimis and did not warrant due process consideration, but the additional two-day suspension requires further review.
• Rymer v. Douglas Cnty.
  764 F.2d 796· 11th Cir.· 1985-07-02 ·cited 26×
  The court held that the plaintiffs failed to state a claim under 42 U.S.C. § 1983 for a Fifth Amendment taking, substantive due process violation, or procedural due process violation.
• Bell v. The Little AXE Indep. Sch. Dist. NO. 70 OF Cleveland Cnty.
  766 F.2d 1391· 10th Cir.· 1985-06-26 ·cited 26×
  The court held that plaintiffs must prove actual damages resulting from the deprivation of their First Amendment rights, and absent such proof, they are entitled to nominal damages only.
• Inmates OF the Allegheny Cnty. Jail v. Cyril H. Wecht
  754 F.2d 120· 3d Cir.· 1985-01-29 ·cited 26×
  The court affirmed the denial of a motion to modify an injunction setting jail population limits, finding no abuse of discretion. However, it vacated a $5,000 per prisoner sanction for releasing inmates, finding it lacked specificity and a nexus to the underlying violations.
• Penagaricano v. Llenza
  747 F.2d 55· 1st Cir.· 1984-11-02 ·cited 26×
  The court held that the plaintiff's claims constitute a nonjusticiable military controversy because the balance of factors, particularly interference with military function and the exercise of military expertise, weighs against judicial review.
• Bennett L. Crowder, II v. J.K. Conlan
  740 F.2d 447· 6th Cir.· 1984-08-02 ·cited 26×
  The court held that the hospital's restriction of a physician's privileges was not "state action" under 42 U.S.C. § 1983, as there was insufficient nexus between the state and the hospital's decision, which was based on professional medical judgments.
• Perri v. Aytch
  724 F.2d 362· 3d Cir.· 1983-12-22 ·cited 26×
  A probationary employee of the judiciary, whose dismissal was based on arrest charges, has a property interest in continued employment during probation and is entitled to a termination hearing. The statute of limitations does not bar her federal claim.
• Marshall J. Orloff, M.D. v. Cleland
  708 F.2d 372· 9th Cir.· 1983-04-25 ·cited 26×
  The court held that material issues of fact remain regarding whether the VA accorded Orloff procedural due process in his termination and salary deductions, requiring reversal of summary judgment.
• Anderson v. Coughlin
  700 F.2d 37· 2d Cir.· 1983-01-26 ·cited 26×
  The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
• Goichman v. Rheuban Motors, Inc.
  682 F.2d 1320· 9th Cir.· 1982-07-02 ·cited 26×
  The court held that a post-storage hearing within forty-eight hours satisfies due process requirements for vehicle impoundment and that a private towing company acting at the direction of law enforcement is considered to be acting under color of state law for § 1983 claims.
• Wilson v. Robinson
  668 F.2d 380· 8th Cir.· 1981-12-30 ·cited 26×
  The court held that a county ordinance creating procedural rights for employee termination is valid and enforceable under state law, and that exhaustion of administrative remedies is not required for section 1983 claims.
• Williams v. Dolph Briscoe
  641 F.2d 274· 5th Cir.· 1981-03-30 ·cited 26×
  The Texas parole statute does not create a protectible expectancy of release that triggers due process protections under Greenholtz.
• Neal v. Sec'y OF the Navy & Commandant OF the Marine Corps
  639 F.2d 1029· 3d Cir.· 1981-02-02 ·cited 26×
  The court held that the Marine Corps' denial of reenlistment was not arbitrary and capricious, and that the procedures followed did not violate due process or applicable regulations.
• Nat'l Ass'n OF Recycling Indus., Inc. v. Interstate Commerce Comm'n & the United States
  627 F.2d 1328· D.C. Cir.· 1980-04-25 ·cited 26×
  The court held that the ICC's findings of competition and discrimination were reasonable, but its remedy allowing rate increases for recyclables to equalize revenue-cost ratios was beyond its authority under Section 204. The court mandated that remedies must equalize ratios at a
• Paige v. Harris
  584 F.2d 178· 7th Cir.· 1978-09-12 ·cited 26×
  A HUD attorney in the excepted service, terminated without a hearing, has a property interest in continued employment based on HUD Handbook 302.2, entitling them to a hearing to challenge the sufficiency of the grounds for discharge.
• VanderMOLEN v. Stetson
  571 F.2d 617· D.C. Cir.· 1977-11-16 ·cited 26×
  The dissenting judges believe the majority opinion is legally incorrect and will undermine military discipline, warranting an en banc rehearing.
• Gipson v. New Jersey
  558 F.2d 701· 3d Cir.· 1977-07-19 ·cited 26×
  The court held that federal courts should not intervene in pending state attorney disciplinary proceedings, even if the attorney challenges the constitutionality of the system.
• Pereira-Diaz v. Immigr. & Naturalization Serv.
  551 F.2d 1149· 9th Cir.· 1977-04-07 ·cited 26×
  The court held that the petitioner's actions and documentation provided substantial evidence that he intended to remain in the United States indefinitely, thus he was not a nonimmigrant and was deportable. The court also rejected claims of procedural due process violations and ab
• Dorcas Bond and Barbara Baldwin v. Dentzer
  494 F.2d 302· 2d Cir.· 1974-03-13 ·cited 26×
  The dissenting judge would affirm the lower court's decision, finding that wage assignment constitutes state action and violates due process.
• Panotex Pipe Line Co. v. Phillips Petroleum Co. & Diamond Shamrock Corp.
  457 F.2d 1279· 5th Cir.· 1972-02-17 ·cited 26×
  The court held that the district court did not err in directing verdicts for the defendants, as the plaintiffs failed to present sufficient evidence of antitrust violations or prejudice from the timing of the directed verdicts.
• Harlan Clark Brown v. Strickler
  422 F.2d 1000· 6th Cir.· 1970-02-19 ·cited 26×
  The court held that the district court erred in dismissing the students' suit sua sponte for lack of jurisdiction, as the complaint adequately alleged state action and a due process violation under the Civil Rights Act.
• United States v. Levy
  419 F.2d 360· 8th Cir.· 1969-12-08 ·cited 26×
  The court held that the registrant's pacifist beliefs, sincerely held and occupying a central place in his life, met the statutory definition of 'religious training and belief' for conscientious objector status, even if not based on traditional religious dogma or a belief in a Su
• Dunat v. Hurney
  297 F.2d 744· 3d Cir.· 1961-05-29 ·cited 26×
  The court held that the Attorney General's interpretation of 'physical persecution' was erroneous, and that the alien's fear of persecution due to his religion was sufficient to warrant a stay of deportation.
• Towers v. Commissioner OF Internal Revenue
  247 F.2d 233· 2d Cir.· 1957-08-02 ·cited 26×
  The Tax Court's findings of fact regarding business bad debts, income inclusion, and distributions were not clearly erroneous and were affirmed.
• United States v. Chodokski
  240 F.2d 590· 7th Cir.· 1956-09-28 ·cited 26×
  A procedural error by the local draft board is rendered immaterial if the appeal board conducts a de novo review and issues its own classification, thereby superseding the local board's decision.
• Dep't of Hwy. Safety & Motor Vehicles v. Nader
  4 So. 3d 705· Fla. 2d DCA· 2009-02-20 ·cited 25×
  The Florida Second District Court of Appeal granted the Department of Highway Safety and Motor Vehicles' petition for certiorari, quashing circuit court orders that had invalidated driver license suspensions for refusal to submit to breath tests. The court held that offering driv
• Gurry v. Dep't OF Hwy. Safety
  902 So. 2d 881· Fla. 5th DCA· 2005-05-27 ·cited 25×
  Kelly Gurry challenged the suspension of her driver's license for driving with an unlawful blood alcohol level, arguing that the circuit court erred in upholding the suspension on three grounds: lack of competent evidence, lack of notice, and denial of due process due to a non-at
• Martin Cnty. v. The City OF Stuart
  736 So. 2d 1264· Fla. 4th DCA· 1999-07-14 ·cited 25×
  Martin County sought certiorari review of a circuit court's decision upholding most of the City of Stuart's annexation ordinances while invalidating only two parcels. The Fourth District Court of Appeal addressed the proper standard for district court review of circuit court deci
• DeSisto Coll., Inc. v. Town of Howey-In-The-Hills
  718 F. Supp. 906· M.D. Fla.· 1989-06-29 ·cited 25×
  The court held that prevailing defendants are entitled to costs under 28 U.S.C. § 1920 and § 1821, but not attorney's fees under 42 U.S.C. § 1988 unless the plaintiff's claim was frivolous, which it found to be the case here.
• Fuller Crews, Sr. v. Ellis
  531 So. 2d 1372· Fla. 1st DCA· 1988-09-29 ·cited 25×
  Fuller Crews appealed the dismissal of his petition for injunctive relief and common law certiorari seeking reinstatement as a deputy sheriff after his discharge for alleged sexual misconduct. The trial court dismissed the petition with prejudice, but the appellate court reversed
• Freeman v. Rideout
  808 F.2d 949· 2d Cir.· 1986-12-30 ·cited 25×
  The filing of unfounded charges against a prison inmate does not, per se, constitute a constitutional violation actionable under 42 U.S.C. § 1983, provided that the inmate receives the constitutionally required due process protections at a subsequent disciplinary hearing.
• McRORIE v. Shimoda
  795 F.2d 780· 9th Cir.· 1986-07-28 ·cited 25×
  The court held that allegations in a motion for judgment on the pleadings cannot be considered part of the complaint, and a plaintiff explicitly waived a due process claim.
• Sherwood T. Rodrigues v. United States Secretary of Labor
  769 F.2d 1344· 9th Cir.· 1985-08-26 ·cited 25×
  The court held that the district court had subject matter jurisdiction over the plaintiff's due process claim, and that the exhaustion of administrative remedies is a matter of discretion, not a jurisdictional bar.
• Levitt v. The Univ. OF Tex. AT EL Paso & Haskell Monroe
  759 F.2d 1224· 5th Cir.· 1985-05-10 ·cited 25×
  The appearance of bias, without actual bias of the decisionmaker, does not offend due process, and a university's failure to follow its own internal rules does not violate constitutional due process if the minimum constitutional requirements are met.
• Rose v. Dep't OF Health & Human Servs.
  721 F.2d 355· Fed. Cir.· 1983-11-18 ·cited 25×
  The Merit Systems Protection Board (MSPB) correctly determined it lacked jurisdiction to hear an appeal from an employee placed in Absent Without Leave (AWOL) status, as this did not constitute a "suspension" under the relevant statute.
• Gargiul v. Tompkins
  704 F.2d 661· 2d Cir.· 1983-03-29 ·cited 25×
  A teacher has a constitutional right to privacy, encompassing bodily integrity, which includes the right to refuse examination by a doctor of the opposite sex.
• Bartley Braden v. Tex. A & M Univ. Sys.
  636 F.2d 90· 5th Cir.· 1981-02-02 ·cited 25×
  The court held that although the district court erred in applying the wrong state statute of limitations, the plaintiff's Section 1983 claims were time-barred under the correct statute.
• Raudel Castaneda-Delgado and Sebastiana Godina de Castaneda v. Immigr. & Naturalization Serv.
  525 F.2d 1295· 7th Cir.· 1975-11-26 ·cited 25×
  The court held that denying an alien a reasonable continuance to obtain counsel in a deportation proceeding, when the denial is arbitrary and capricious, constitutes a denial of statutory rights and procedural due process, and such denial is inherently prejudicial, not subject to
• Fuentes v. Adolph Roher
  519 F.2d 379· 2d Cir.· 1975-05-29 ·cited 25×
  The court held that the district court did not err in denying an injunction against administrative proceedings but modified the order to include dismissal of charges if the board fails to appoint a hearing examiner within a specified time.
• McFARLAND v. The United States
  517 F.2d 938· Ct. Cl.· 1975-05-14 ·cited 25×
  The court affirmed the dismissal of the plaintiff's petition, holding that the Civil Service Commission's determination of disability retirement was not subject to judicial review absent a substantial departure from procedural rights or a misconstruction of governing legislation.
• In-Cho Chung v. Park
  514 F.2d 382· 3d Cir.· 1975-04-11 ·cited 25×
  The court held that a post-termination arbitration hearing, where the professor had the burden to prove the administration's decision was arbitrary or capricious, satisfied due process requirements for a college professor's employment termination.
• The Blackwell Coll. OF Bus. v. The Attorney Gen. of the United States
  454 F.2d 928· D.C. Cir.· 1971-09-10 ·cited 25×
  The court held that the withdrawal of the school's approved status by the INS was unlawful due to substantial procedural defects and a lack of due process.
• United States v. Manns
  232 F.2d 709· 7th Cir.· 1956-05-01 ·cited 25×
  The court held that a violation of Selective Service regulations regarding the appointment and posting of advisers does not invalidate board actions if the registrant suffers no prejudice and ultimately receives the correct classification.
• United States v. Vincelli
  216 F.2d 681· 2d Cir.· 1954-11-09 ·cited 25×
  The court held that the registrant's classification was reopened and that there was a lack of procedural due process because he was not notified of the adverse action, depriving him of the right to a personal appearance.
• Fla. Parole Comm'n v. Taylor
  132 So. 3d 780· Fla.· 2014-01-23 ·cited 24×
  The Florida Supreme Court reversed the First District Court of Appeal's decision granting second-tier certiorari relief in a parole revocation case, holding that once an inmate receives a full review of a parole decision in circuit court, they are not entitled to a second plenary
• Gillespie v. The City OF Destin
  946 So. 2d 1195· Fla. 1st DCA· 2006-12-28 ·cited 24×
  Gillespie petitioned for certiorari to quash a circuit court's dismissal of his administrative appeal for filing his initial brief one day late. The Florida District Court of Appeal held that dismissal was an improper sanction where the appellant filed only hours late without a f
• State v. Menuto
  912 So. 2d 603· Fla. 2d DCA· 2005-05-04 ·cited 24×
  Florida appealed the trial court's dismissal of charges against Menuto for unlawful firearm possession under section 790.23(1)(b), which prohibits persons under 24 who have been found to have committed a delinquent act (that would be a felony if committed by an adult) from posses
• Boatman v. Town OF Oakland
  76 F.3d 341· 11th Cir.· 1996-02-28 ·cited 24×
  The Boatmans sought federal court relief under 42 U.S.C. § 1983, claiming the Town of Oakland's refusal to issue a certificate of occupancy for their manufactured home violated the Fourteenth Amendment's Due Process Clause. The Eleventh Circuit held that the dispute presented onl