Procedural Due Process

3,605 Florida cases classified under this topic · sorted by citation count

• United States v. Jacobs
  855 F.2d 652· 9th Cir.· 1988-08-31 ·cited 21×
  The court held that ordering reassignment of a case to a different judge, even to preserve the appearance of justice, can be punitive and unjust if the judge is deemed capable of trying the case fairly.
• S & D Maint. Co., Inc. v. Harrison J. Goldin
  844 F.2d 962· 2d Cir.· 1988-04-14 ·cited 21×
  A governmental contract does not create a constitutionally protected property interest for purposes of procedural due process unless it involves a status beyond a temporary contractor role, such as tenure or welfare benefits.
• Anqunett Simien v. City OF SAN Antonio
  809 F.2d 255· 5th Cir.· 1987-02-06 ·cited 21×
  The court held that the City of San Antonio's residency requirement did not violate equal protection or sex discrimination laws, and that while a procedural due process violation occurred, nominal damages were appropriate due to binding precedent. Simien was not the prevailing pa
• Johnson v. Sieber
  799 F.2d 1396· 9th Cir.· 1986-09-18 ·cited 21×
  The court held that the appellants failed to raise any valid constitutional issues, thus summary judgment for the defendants was proper.
• United States v. Biagio Cirrincione and Tom Cirrincione
  780 F.2d 620· 7th Cir.· 1985-12-11 ·cited 21×
  The court held that the defendants knowingly and voluntarily waived their right to separate counsel and that no actual conflict of interest adversely affected their attorney's performance at trial.
• Goode v. Louie L. Wainwright
  731 F.2d 1482· 11th Cir.· 1984-04-04 ·cited 21×
  The court held that the petitioner's claims regarding procedural due process and substantive due process/Eighth Amendment were properly denied, with the latter being barred due to abuse of the writ.
• Atkins v. People OF the State OF Mich. (William L. Cahalan
  644 F.2d 543· 6th Cir.· 1981-03-02 ·cited 21×
  The Sixth Circuit held that while a federal court can entertain a pretrial habeas petition for a speedy trial claim to enforce the state's duty to provide a prompt trial, the district court erred in dismissing the indictment prematurely. The court also held that the arbitrary rev
• Joensen v. Louie L. Wainwright
  615 F.2d 1077· 5th Cir.· 1980-04-23 ·cited 21×
  The court held that dismissing an escapee's appeal without prior notice or hearing does not violate due process, and there is no constitutional right to reinstatement of an abandoned appeal.
• Gosney v. Sonora Indep. Sch. Dist.
  603 F.2d 522· 5th Cir.· 1979-09-28 ·cited 21×
  The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
• Holup v. Gates
  544 F.2d 82· 2d Cir.· 1976-10-20 ·cited 21×
  Due process does not require state prisoners to inspect their prison files before parole decisions, nor does it require counsel at parole release hearings.
• Shell OIL Co. v. Fed. Power Comm'n
  334 F.2d 1002· 3d Cir.· 1964-07-30 ·cited 21×
  The court held that the Commission had jurisdiction to determine the lawfulness of proposed rate increases and could order refunds for rates found unlawful, even if not explicitly deemed 'unjust and unreasonable.'
• The Vill. OF Palmetto BAY v. Palmer Trinity Private Sch., Inc.
  128 So. 3d 19· Fla. 3d DCA· 2012-07-05 ·cited 20×
  The Village of Palmetto Bay seeks certiorari relief from a circuit court appellate division order enforcing its prior mandate requiring the Village to approve Palmer Trinity Private School's special exception request for 1,150 students. The District Court of Appeal affirms that t
• Carillon Community Residential v. Seminole Cnty.
  45 So. 3d 7· Fla. 5th DCA· 2010-07-02 ·cited 20×
  Petitioners sought certiorari review of a circuit court order upholding the Seminole County Board's approval of a PUD amendment for a student housing complex adjacent to their subdivision. The Fifth District affirmed, holding that neighboring property owners are not entitled to c
• Dep't of Hwy. Safety & Motor Vehicles v. U.J. Hofer
  5 So. 3d 766· Fla. 2d DCA· 2009-03-18 ·cited 20×
  The Florida District Court of Appeal, Second District, granted the Department of Highway Safety and Motor Vehicles' petition for certiorari to review a circuit court's decision that quashed an administrative suspension of Hofer's driver's license. The appellate court held that th
• Maite Toledo v. Escamilla
  962 So. 2d 1028· Fla. 3d DCA· 2007-08-08 ·cited 20×
  The Florida District Court of Appeal reversed and quashed the circuit court's affirmation of a county court eviction judgment, holding that the county court lacked subject matter jurisdiction because Ms. Toledo was not a tenant under the Florida Residential Landlord and Tenant Ac
• Felton Epps v. State
  941 So. 2d 1206· Fla. 4th DCA· 2006-11-15 ·cited 20×
  The Florida Fourth District Court of Appeal granted certiorari to review a trial court order prohibiting Epps from filing further pro se motions. The court held that before imposing such sanctions, the trial court must provide notice and a meaningful opportunity to show cause, wh
• Pope v. Pope
  901 So. 2d 352· Fla. 1st DCA· 2005-05-05 ·cited 20×
  William Pope appeals a final judgment extending a temporary domestic violence injunction for six months without allowing him to present evidence or witnesses. The court reversed, holding that due process requires a full evidentiary hearing where both parties can present their cas
• Givens v. State
  851 So. 2d 813· Fla. 2d DCA· 2003-07-30 ·cited 20×
  Robert Givens appeals his conviction for failure to register as a sexual offender, challenging the constitutionality of Florida's sexual offender registration statute on due process and ex post facto grounds. The Second District Court of Appeal affirms the conviction, holding tha
• LAS Olas Tower Co. v. City OF Fort Lauderdale
  742 So. 2d 308· Fla. 4th DCA· 1999-05-12 ·cited 20×
  Three consolidated cases involving Las Olas Tower Company's applications for site plan approval and density bonuses for residential condominiums in Fort Lauderdale's Central Business District, challenging the City's denial of the applications and the interpretation of setback req
• G.J.B. & Assocs., Inc. v. Berland
  913 F.2d 824· 10th Cir.· 1990-09-05 ·cited 20×
  A sanction order against an attorney of record is not a final decision for appeal under § 1291, nor is it immediately appealable under the collateral order doctrine. However, Rule 11 sanctions were vacated for lack of due process, while Rule 16(f) sanctions were affirmed.
• DOE v. Doe and E. Doe
  903 F.2d 499· 7th Cir.· 1990-05-31 ·cited 20×
  The court held that the Department of Social Services' failure to investigate a child abuse report did not violate federal due process rights, as the state has no affirmative constitutional duty to protect individuals from private actors, and the statute did not create a property
• Mary Marie Faucher, M.D., & Milstead Anesthesia, P.C. v. Thomas L. Rodziewicz, M.D.
  891 F.2d 864· 11th Cir.· 1990-01-09 ·cited 20×
  The court held that the hospital and its officials did not deprive Dr. Faucher of constitutionally protected liberty or property interests without due process of law, and thus affirmed the grant of summary judgment.
• Anny Newman v. Commonwealth OF Mass.
  884 F.2d 19· 1st Cir.· 1989-08-28 ·cited 20×
  Defendants are entitled to qualified immunity on the procedural and substantive due process claims because their actions did not violate clearly established law. However, defendant Burgin is not entitled to immunity on state tort claims due to potential malice.
• Murray v. Silberstein
  882 F.2d 61· 3d Cir.· 1989-08-10 ·cited 20×
  The appeal is dismissed as moot because the appellant is judicially estopped from seeking damages after previously arguing that damages were unavailable and obtaining injunctive relief based on that argument.
• Easter House v. Felder
  879 F.2d 1458· 7th Cir.· 1989-07-11 ·cited 20×
  The Constitution does not require a hearing before the state may suspend a license if the state provides adequate post-deprivation remedies.
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Cale v. J.R. Johnson
  861 F.2d 943· 6th Cir.· 1988-11-17 ·cited 20×
  The court should have determined if the plaintiff was deprived of liberty without due process, rather than simply stating its conscience was not shocked.
• Blaylock v. Schwinden
  856 F.2d 107· 9th Cir.· 1988-09-07 ·cited 20×
  The court held that a claim of mere negligence in administering a state workers' compensation act does not state a claim for relief under 42 U.S.C. § 1983, and the Eleventh Amendment bars suits seeking payment from the state treasury.
• Hayman v. Hayman
  522 So. 2d 531· Fla. 2d DCA· 1988-03-25 ·cited 20×
  The appellate court held that the former wife was denied procedural due process because she received inadequate notice of the contempt hearing.
• Robinson v. Bibb
  840 F.2d 349· 6th Cir.· 1988-02-26 ·cited 20×
  A police officer cannot claim qualified immunity for using deadly force against a fleeing felon if the law regarding such force was clearly established by a circuit court decision, even if the officer was personally unaware of the decision.
• Honore v. Douglas
  833 F.2d 565· 5th Cir.· 1987-12-08 ·cited 20×
• Kent v. Johnson
  821 F.2d 1220· 6th Cir.· 1987-05-18 ·cited 20×
  The court amended its prior opinion to apply the reasonable relationship standard from Turner and O'Lone, holding that the plaintiff's complaint, when construed liberally, was sufficient to withstand a motion to dismiss for failure to state a claim.
• The Chicago Bd. OF Realtors, Inc. v. The City OF Chicago
  819 F.2d 732· 7th Cir.· 1987-05-14 ·cited 20×
  The court affirmed the district court's denial of a preliminary injunction, holding that the plaintiffs had not shown a reasonable likelihood of prevailing on their constitutional challenges to the Chicago Residential Landlord and Tenant Ordinance.
• United States v. Lulac
  793 F.2d 636· 5th Cir.· 1986-07-02 ·cited 20×
  The court held that the district court erred in issuing a preliminary injunction without adequately assessing the validity of the PPST and its relationship to the State's legitimate interests, and vacated the injunction.
• Thomas v. Booker
  784 F.2d 299· 8th Cir.· 1986-02-14 ·cited 20×
  The court held that the jury improperly apportioned indivisible actual damages among defendants, requiring vacation of the award and remand for a new trial on actual damages.
• Stanford Williams v. City OF ST. Louis
  783 F.2d 114· 8th Cir.· 1986-01-29 ·cited 20×
  The court held that the district court erred in granting summary judgment sua sponte and on issues not properly raised, and that plaintiffs' substantive due process and equal protection claims are not barred by the adequacy of state remedies.
• Wells v. Franzen
  777 F.2d 1258· 7th Cir.· 1985-11-26 ·cited 20×
• Sparta State Bank v. Pape
  477 So. 2d 3· Fla. 5th DCA· 1985-09-12 ·cited 20×
  Sparta State Bank obtained a summary judgment against the Papes in county court to accelerate payment on promissory notes and repossess pledged vehicles. The circuit court, reviewing the case on appeal, reversed and remanded for additional hearings. The Florida District Court of
• Dionne v. Bouley
  757 F.2d 1344· 1st Cir.· 1985-03-19 ·cited 20×
  The court held that Rhode Island's post-judgment garnishment procedures are constitutionally insufficient because they fail to provide adequate notice of exemption rights and a prompt opportunity for a hearing.
• Osborne v. Emory Folmar
  735 F.2d 1316· 11th Cir.· 1984-07-06 ·cited 20×
  A plaintiff may challenge a pardon or parole decision on equal protection grounds even if they lack a liberty interest for a due process claim.
• Demarest v. United States
  718 F.2d 964· 9th Cir.· 1983-10-20 ·cited 20×
  The court held that while the VA's handling of disability claims is not judicially reviewable due to 38 U.S.C. § 211(a), a constitutional challenge to the statutory attorneys' fee limitation is reviewable and, based on precedent, is not a violation of due process.
• Robert and Sharon Albery v. Cal Reddig
  718 F.2d 245· 7th Cir.· 1983-10-03 ·cited 20×
  The court held that alleged negligence by local officials in administering zoning ordinances, even if resulting in property deprivation, does not violate due process if adequate state remedies are available. Zoning disputes are primarily local matters.
• YIU Sing Chun and Jee-Chiu Shan v. Sava
  708 F.2d 869· 2d Cir.· 1983-05-19 ·cited 20×
  Stowaways seeking asylum are entitled to a hearing before an immigration judge to determine their eligibility for asylum, despite statutory provisions that generally deny procedural rights to stowaways.
• Jones v. LOS Angeles Cmty. Coll. Dist.
  702 F.2d 203· 9th Cir.· 1983-03-25 ·cited 20×
  The court held that while the district court correctly found a procedural due process violation regarding property interest, it erred in finding a liberty interest deprivation. Damages must be reconsidered based solely on the property interest violation.
• Nat'l Labor Relations Bd. v. Cutting, Inc.
  701 F.2d 659· 7th Cir.· 1983-03-02 ·cited 20×
  The court held that the National Labor Relations Board's finding of an unlawful refusal to reinstate economic strikers was not supported by substantial evidence. The court found the Administrative Law Judge's reliance on minor inconsistencies in testimony to discredit direct evid
• Brockell v. Norton
  688 F.2d 588· 8th Cir.· 1982-09-22 ·cited 20×
  The court held that the plaintiff did not have a constitutionally protected property interest in his employment and that private threats made by the mayor did not violate his liberty interest. However, the court remanded for a determination of his First Amendment claim regarding
• Bohumil J. Dusanek v. Hannon
  677 F.2d 538· 7th Cir.· 1982-04-26 ·cited 20×
  The court held that the Board's procedures for requiring a teacher to take a medical leave of absence, rather than immediately terminating employment, satisfied due process requirements, as the teacher was offered a choice between a dismissal hearing or voluntary leave.
• Michael M. Baden, M.D. v. Koch
  638 F.2d 486· 2d Cir.· 1980-12-17 ·cited 20×
  The dissenting judge holds that Dr. Baden acquired permanent tenure as County Medical Examiner and could not be removed without cause and a hearing.
• A-T-O, Inc. v. Pension Benefit Guar. Corp.
  634 F.2d 1013· 6th Cir.· 1980-11-12 ·cited 20×
  The court held that the pension plan benefits were 'nonforfeitable' under ERISA, and that the PBGC correctly interpreted 'unreasonable hardship' to mean substantial economic hardship, not broader equitable considerations.
• Dane R. Hayward v. Henderson
  623 F.2d 596· 9th Cir.· 1980-06-11 ·cited 20×
  A CETA regulation requiring notice and an opportunity to be heard before termination does not create a constitutionally protected property interest in continued employment.