Procedural Due Process

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

• Chauffeurs v. Coca-Cola Bottling Co.
  613 F.2d 716· 8th Cir.· 1980-01-18 ·cited 20×
  The arbitrator's interpretation of 'just cause' did not draw its essence from the collective bargaining agreement because the agreement specifically allowed termination without warning for dishonesty.
• Dorsey West v. Bd. OF Cnty. Comm'rs
  373 So. 2d 83· Fla. 3d DCA· 1979-07-24 ·cited 20×
  Dorsey West, a career county employee, was discharged without proper notice of specific charges and without a fair hearing, in violation of constitutional due process and county personnel regulations. The trial court found the discharge illegal but limited relief to requiring the
• Curlott v. Campbell
  598 F.2d 1175· 9th Cir.· 1979-06-18 ·cited 20×
  The court held that the October 11 judgment was not a final appealable order, thus res judicata did not bar consideration of the due process claims. It further held that pre-reduction due process procedures were not constitutionally required for supplementary COLA benefits, as th
• Lawyer A. Adkins v. Hampton
  586 F.2d 1070· 5th Cir.· 1978-12-26 ·cited 20×
  The court held that the Postal Service did not violate its own regulations in discharging Adkins, and his dismissal was valid.
• Couch Constr. Co., Inc. v. Dep't OF Transp.
  361 So. 2d 184· Fla. 1st DCA· 1978-06-16 ·cited 20×
  Couch Construction challenged the Department of Transportation's award of a highway paving contract to White Construction, claiming White was either disqualified due to delinquency or not the lowest responsible bidder. The court held that while White was not disqualified as a mat
• Flynt v. Leis
  574 F.2d 874· 6th Cir.· 1978-04-12 ·cited 20×
  The court held that the out-of-state lawyers' procedural due process rights were violated by their removal from the case without a hearing, and that federal injunctive relief was appropriate because they lacked an adequate state remedy.
• Laje v. R. E. Thomason Gen. Hosp.
  564 F.2d 1159· 5th Cir.· 1977-12-19 ·cited 20×
  The court held that the district court erred in substituting its judgment for the hospital board's decision regarding staff privileges, as the board's decision was supported by substantial evidence and followed fair procedures.
• Millstream Corp. v. Dade Cnty.
  340 So. 2d 1276· Fla. 3d DCA· 1977-01-04 ·cited 20×
  Millstream Corporation appealed the dismissal of its tax assessment challenge, arguing that Florida's requirement to pay admittedly owed taxes before suing is not a jurisdictional prerequisite. The court affirmed the dismissal, holding that the Legislature amended the tax statute
• Squillacote v. Graphic Arts Int'l Union, AFL-CIO
  540 F.2d 853· 7th Cir.· 1976-06-30 ·cited 20×
  The court affirmed the district court's issuance of a preliminary injunction, finding reasonable cause to believe an unfair labor practice occurred and that the injunction was just and proper.
• Craft v. Memphis Light
  534 F.2d 684· 6th Cir.· 1976-04-12 ·cited 20×
  The court held that while a class action was inappropriate, the utility's termination notice was unconstitutional for disputed bills but sufficient for inability to pay, and refusal to connect service based on a prior resident's debt violated equal protection.
• Hill v. Trs. OF Ind. Univ.
  537 F.2d 248· 7th Cir.· 1976-04-05 ·cited 20×
• McCUNE v. Frank
  521 F.2d 1152· 2d Cir.· 1975-07-16 ·cited 20×
  The court held that the district court reached the constitutional issue prematurely and vacated its order, remanding for further proceedings to determine the applicability of res judicata.
• Brouillette v. Bd. of Directors of Merged Area IX
  519 F.2d 126· 8th Cir.· 1975-07-09 ·cited 20×
  The court held that the plaintiff, a non-tenured teacher, was not denied procedural due process and that the public hearing held under state law was adequate.
• Jenkins v. La. State Bd. OF Educ.
  506 F.2d 992· 5th Cir.· 1975-01-20 ·cited 20×
  Students who engage in peaceable assembly and speech advocating a boycott, without urging violence or disruption, are protected by the First Amendment, even if others later commit violent acts.
• Imbler v. Pachtman
  500 F.2d 1301· 9th Cir.· 1974-07-12 ·cited 20×
  A prosecutor is absolutely immune from civil liability for acts committed in the performance of duties integral to the judicial process, even if malicious or knowing.
• Ronica R. Weigand v. Afton View Apts.
  473 F.2d 545· 8th Cir.· 1973-02-15 ·cited 20×
  The court held that a state tax break for federally funded housing, without more, does not constitute state action sufficient for a federal civil rights claim. It also held that the district court did not abuse its discretion in denying leave to amend the complaint.
• Pervis v. LaMARQUE Indep. Sch. Dist.
  466 F.2d 1054· 5th Cir.· 1972-09-19 ·cited 20×
  A subsequent hearing does not cure the initial lack of procedural due process when students are suspended for a significant period without a prior hearing.
• Ahern v. Bd. OF Educ. OF the Sch. Dist. OF Grand Island
  456 F.2d 399· 8th Cir.· 1972-02-29 ·cited 20×
  A public school teacher discharged for insubordination is not constitutionally entitled to persist in teaching methods that contravene employer directives, and the hearing afforded was procedurally adequate.
• Shirck v. Thomas
  447 F.2d 1025· 7th Cir.· 1971-09-02 ·cited 20×
  The dissenting judge believes the majority's interpretation of the due process clause to protect against arbitrary termination of public employment is an erroneous expansion of federal judicial power.
• United States v. Fisher
  442 F.2d 109· 7th Cir.· 1971-04-14 ·cited 20×
  The court held that the defendant was denied procedural due process because he was misled by the local board clerk regarding the identity of his Government Appeal Agent and was prejudiced by the insertion of an adverse memorandum into his file without his knowledge.
• United States v. Chaudron
  425 F.2d 605· 8th Cir.· 1970-04-27 ·cited 20×
  The court held that the appellant's conviction for failing to report for civilian work was valid because the procedural irregularities he alleged did not cause substantial prejudice and the Selective Service Board followed the necessary procedures.
• Brunswick Corp. v. J & P, Inc.
  424 F.2d 100· 10th Cir.· 1970-03-20 ·cited 20×
  The court held that the doctrine of conversion, custodia legis does not apply to a conditional vendor who sells replevined goods before judgment, especially under the Uniform Commercial Code.
• United States v. Weersing
  415 F.2d 130· 9th Cir.· 1969-08-07 ·cited 20×
  The court held that the indictment was not defective for failing to allege 'wilfully' when it alleged 'knowingly,' and that issues not raised in the trial court, such as the regularity of the induction order and the basis for denying deferment, are generally not grounds for rever
• Madera v. Bd. OF Educ. OF the City OF NEW York
  386 F.2d 778· 2d Cir.· 1967-12-06 ·cited 20×
  The court held that the Due Process Clause does not require the presence of legal counsel at a school district superintendent's guidance conference for a suspended student.
• Frito-Lay, Inc. v. Nat'l Labor Relations Bd.
  385 F.2d 180· 7th Cir.· 1967-11-07 ·cited 20×
  The court held that the distributors were independent contractors, not employees, and therefore the Board's order to bargain was not supported by substantial evidence.
• Dunmar v. Ailes
  348 F.2d 51· D.C. Cir.· 1965-05-20 ·cited 20×
  The court held that the district court had jurisdiction and that the appellant received adequate procedural due process, and that the Honor Code was not void for vagueness, and that the Secretary of the Army had the power to separate the appellant.
• United States ex rel. Angelo Antonio Cantisani v. Holton
  248 F.2d 737· 7th Cir.· 1957-10-02 ·cited 20×
• Nw. Airlines, Inc. v. Civil Aeronautics Bd.
  194 F.2d 339· D.C. Cir.· 1952-01-18 ·cited 20×
  The court held that the Civil Aeronautics Board erred by granting Capital Airlines a certificate for nonstop service without a comparative hearing of Northwest Airlines' pending, mutually exclusive application for the same service.
• United States ex rel. Weddeke v. Watkins
  166 F.2d 369· 2d Cir.· 1948-02-04 ·cited 20×
  The court held that the denial of habeas corpus was proper because the Immigration Service was not required to entertain a collateral attack on a state court conviction when denying discretionary relief from deportation.
• Chakra 5 v. City of Miami Beach
  254 So. 3d 1056· Fla. 3d DCA· 2018-08-22 ·cited 19×
  Claims based on injuries occurring before May 20, 2009, are time-barred under Florida's four-year statute of limitations for § 1983 actions, and the continuing tort doctrine does not apply because the complaint alleges discrete acts rather than a single continuing wrong. Substant
• In the Interest of Z.C.(1) & Z.C.(2) v. K.D. and Z.H.
  88 So. 3d 977· Fla. 2d DCA· 2012-05-09 ·cited 19×
  The Florida Second District Court of Appeal reversed a trial court's denial of the Department of Children and Family Services' petition to terminate parental rights to twin infants and sua sponte placement in permanent guardianship with maternal grandparents. The court held that
• United States v. Ambert
  561 F.3d 1202· 11th Cir.· 2009-03-06 ·cited 19×
  Gene Felix Ambert, a sex offender convicted in 1975, was charged under the Sex Offender Registration and Notification Act (SORNA) for failing to register in Florida after moving from California and traveling in interstate commerce in July 2007. The Eleventh Circuit affirmed his c
• Grubb v. State
  922 So. 2d 1002· Fla. 5th DCA· 2006-01-27 ·cited 19×
  Special conditions of probation not orally pronounced at sentencing, but otherwise proper, do not need to be stricken if the defendant has a procedural mechanism to object, such as a Rule 3.800(b) motion.
• Akridge v. Crow
  903 So. 2d 346· Fla. 2d DCA· 2005-06-15 ·cited 19×
  Petitioners challenged their incarceration under Polk County's collections court program for unpaid fines, fees, and costs. The court held that incarcerating indigent defendants who are unable to pay violates the Equal Protection Clause and due process because alternatives like c
• Brown v. Reynolds
  872 So. 2d 290· Fla. 2d DCA· 2004-04-14 ·cited 19×
  William C. Brown sought to recover personal property from Raymond and Frank Reynolds through a replevin action. The circuit court prematurely dismissed Brown's action on the merits after a hearing limited to determining whether Brown was entitled to a writ of replevin prior to fi
• Dep't OF Safety & Motor Vehicles v. Marshall
  848 So. 2d 482· Fla. 5th DCA· 2003-07-03 ·cited 19×
  The Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that quashed an administrative license suspension. The appellate court reversed, holding that the circuit court improperly reweighed evidence and considered issues not properl
• Jacobi v. City OF Miami Beach
  678 So. 2d 1365· Fla. 3d DCA· 1996-08-21 ·cited 19×
  Property owners appealed a summary judgment dismissing their inverse condemnation and federal substantive due process claims under 42 U.S.C.A. section 1983 against the City of Miami Beach and Board of Adjustment. The owners sought damages for losses from an erroneous Board decisi
• Nasierowski Bros. Inv. Co. v. City OF Sterling Heights
  949 F.2d 890· 6th Cir.· 1991-11-22 ·cited 19×
  Procedural due process claims in zoning matters are not always subject to finality requirements for ripeness.
• Bray v. Rimes
  574 So. 2d 1114· Fla. 2d DCA· 1990-12-21 ·cited 19×
  The court held that the trial court erred in finding the mother in contempt and imposing a jail sentence because the order to show cause failed to comply with procedural due process requirements for indirect criminal contempt.
• Nat'l Commodity & Barter Ass'n v. Gibbs
  886 F.2d 1240· 10th Cir.· 1989-09-25 ·cited 19×
  The court held that claims against federal officials in their official capacities are barred by sovereign immunity, and Bivens claims for Fifth Amendment violations are inappropriate due to existing statutory remedies, but First and Fourth Amendment Bivens claims may proceed with
• TOM Growney Equip., Inc. v. Shelley Irrigation Dev., Inc.
  834 F.2d 833· 9th Cir.· 1987-12-18 ·cited 19×
  The court held that imposing Rule 11 sanctions against an attorney without prior notice and a meaningful opportunity to be heard violates due process. A subsequent hearing on a motion to reconsider sanctions does not cure this defect.
• Cato v. Rushen
  824 F.2d 703· 9th Cir.· 1987-08-06 ·cited 19×
  The court held that the disciplinary board's finding of guilt was not supported by 'some evidence' in the record, violating the inmate's procedural due process rights.
• Bennie Harris v. Birmingham Bd. OF Educ.
  817 F.2d 1525· 11th Cir.· 1987-06-01 ·cited 19×
  The court held that the termination notice and process met federal constitutional requirements for procedural due process, and the case was properly removed to federal court.
• City OF W. Palm Beach Zoning Bd. OF Appeals v. Educ. Dev. Ctr., Inc.
  504 So. 2d 1385· Fla. 4th DCA· 1987-04-15 ·cited 19×
  The Fourth District Court of Appeal reversed a circuit court's decision that had itself reversed a zoning board's denial of a preschool operating permit, holding that the circuit court applied an incorrect standard of review in its certiorari proceeding. The court clarified that
• Loraine Pollock v. Baxter Manor Nursing Home
  716 F.2d 545· 8th Cir.· 1983-09-13 ·cited 19×
  The court held that the plaintiff was not afforded procedural due process and is entitled to nominal damages and attorney fees.
• Trs. OF Sabine Area Carpenters' Health & Welf. Fund v. DON Lightfoot Home Builder, Inc.
  704 F.2d 822· 5th Cir.· 1983-05-12 ·cited 19×
  Summary judgment is appropriate when there are no genuine disputes of material fact, and the court did not err in granting summary judgment on the issue of whether carpenters were employees or independent contractors.
• Fid. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd.
  689 F.2d 803· 9th Cir.· 1982-09-02 ·cited 19×
  The court held that the statutory requirements for appointing the FSLIC as a federal receiver were satisfied, even without literal closure or actual depositor withdrawal denial, when the state commissioner appointed the FSLIC as state receiver for liquidation.
• Charles v. Wade
  665 F.2d 661· 5th Cir.· 1982-01-11 ·cited 19×
  Police officers testifying within the scope of their duties should have good-faith, qualified immunity from § 1983 liability, not absolute immunity.
• Einhorn v. DeWITT
  618 F.2d 347· 5th Cir.· 1980-06-04 ·cited 19×
  The court held that 26 C.F.R. § 601.107(b)(2) grants discretion to the IRS regarding disclosure of information in criminal investigations, and therefore, federal courts lack jurisdiction to compel such disclosure.
• Davis v. Or. State Univ.
  591 F.2d 493· 9th Cir.· 1978-11-13 ·cited 19×
  A claim for violation of a liberty interest does not survive the death of the individual whose interest was allegedly violated, and absent a protectable liberty interest, a § 1983 claim for damages is not viable.