Procedural Due Process

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

• Inmates OF the Nebraska Penal AND Correctional Complex v. Greenholtz
  576 F.2d 1274· 8th Cir.· 1978-05-18 ·cited 19×
  The Fourteenth Amendment's due process clause applies to parole release determinations, requiring certain procedural safeguards. However, the full panoply of rights afforded in criminal prosecutions is not required.
• Hodgson v. Lodge 851, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  454 F.2d 545· 7th Cir.· 1971-12-09 ·cited 19×
  The Secretary of Labor must commence litigation within 60 days of receiving a meritorious complaint challenging a union election, as mandated by § 402(b) of the LMRDA, and cannot use doctrines like estoppel or waiver to justify delays beyond this period.
• Norton v. Discipline Comm. of E. Tenn. State Univ.
  399 U.S. 906· U.S.· 1970-06-22 ·cited 19×
• Mrs. Frances B. Chafin v. Pratt
  358 F.2d 349· 5th Cir.· 1966-03-16 ·cited 19×
  Federal employees are immune from tort liability for acts performed within the outer perimeter of their official duties, and this immunity applies even to claims under the Civil Rights Act. Furthermore, federal employees are not constitutionally entitled to a judicial hearing or
• Cole v. Cole
  159 So. 3d 124· Fla. 3d DCA· 2013-11-13 ·cited 18×
  The Florida Third District Court of Appeal reversed a trial court's custody order, finding that the Father was denied his due process right to present evidence. The court emphasized that the right to be heard includes the opportunity to introduce evidence at a meaningful time.
• Barnes v. State
  108 So. 3d 700· Fla. 1st DCA· 2013-02-27 ·cited 18×
  Alvin Barnes, a sexual offender, appealed his conviction for failing to register a change of address with the Florida Department of Highway Safety & Motor Vehicles within 48 hours. The court reversed and remanded for a new trial because the trial court erroneously refused to give
• Alvarez v. Attorney Gen. FOR the State of Fla.
  679 F.3d 1257· 11th Cir.· 2012-05-08 ·cited 18×
  Carl Robert Alvarez, convicted in 1991 of first-degree murder, sexual battery, and aggravated child abuse, appealed a district court dismissal of his § 1983 civil rights action challenging Florida's denial of his petition for postconviction DNA testing. The Eleventh Circuit affir
• Arenas v. Dep't of Hwy. Safety & Motor Vehicles
  90 So. 3d 828· Fla. 2d DCA· 2012-04-27 ·cited 18×
  Ricardo Arenas challenges the suspension of his driver's license for refusing a breath test following a DUI arrest. The court grants his petition for certiorari and remands the case, holding that under the Florida Supreme Court's decision in Hernandez, the lawfulness of his arres
• Shlishey THE Best, Inc. v. Citifinancial Equity Servs., Inc.
  14 So. 3d 1271· Fla. 2d DCA· 2009-07-08 ·cited 18×
  Shlishey the Best, Inc., a third-party purchaser at a foreclosure sale, appeals the trial court's ex parte order vacating the foreclosure sale and certificate of sale. The court reverses, holding that the trial court violated Shlishey's procedural due process rights by entering t
• Stranahan House, Inc. v. City OF Fort Lauderdale
  967 So. 2d 1121· Fla. 4th DCA· 2007-11-14 ·cited 18×
  Stranahan House challenged the City of Fort Lauderdale's approval of a development site plan for property adjacent to the historic Stranahan House. The Fourth District Court of Appeal upheld the circuit court's denial of two petitions for certiorari, holding that Stranahan House
• Lakeland Reg'l Med. Ctr., Inc. v. State
  917 So. 2d 1024· Fla. 1st DCA· 2006-01-06 ·cited 18×
  Lakeland Regional Medical Center challenged 2004 Florida statutory amendments that created a new licensure scheme for adult interventional cardiology services and granted Winter Haven Hospital a license to perform open heart surgery through a grandfather clause. The court affirme
• Dep't of Hwy. Safety & Motor Vehicles v. Trimble
  821 So. 2d 1084· Fla. 1st DCA· 2002-04-08 ·cited 18×
  The Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court's decision to set aside a driver's license suspension, claiming the circuit court improperly reweighed evidence. The appellate court affirmed, holding that the circuit court correctly
• Ammons v. Okeechobee Cnty.
  710 So. 2d 641· Fla. 4th DCA· 1998-04-15 ·cited 18×
  Lisa Ammons and other appellants sought damages and injunctive relief after Okeechobee County revoked their occupational license for a commercial aluminum business, claiming the county was equitably estopped from doing so and that their constitutional rights were violated. The Fo
• Doyle Williams v. State
  698 So. 2d 1350· Fla. 1st DCA· 1997-09-16 ·cited 18×
  The trial court's failure to include a factual recitation in its written contempt judgment and its failure to offer the defendant an opportunity to show cause for the first contempt charge constitute reversible error.
• Dep't of Hwy. Safety & Motor Vehicles v. Smith
  687 So. 2d 30· Fla. 1st DCA· 1997-01-06 ·cited 18×
  The Department of Highway Safety and Motor Vehicles sought to overturn a circuit court's decision to quash a driver's license suspension. The appellate court held that the circuit court erred both procedurally (by not requiring a conformed copy of the order being reviewed) and su
• United States v. Zickert
  955 F.2d 665· 11th Cir.· 1992-02-24 ·cited 18×
  The Eleventh Circuit reversed a district court's denial of a defendant's motion to withdraw his guilty plea in a federal drug importation case, holding that the court violated Federal Rule of Criminal Procedure 11(e)(2) by failing to inform the defendant that he had no right to w
• Mei-Ling Bernard v. The Town Council OF the Town OF Palm Beach
  569 So. 2d 853· Fla. 4th DCA· 1990-11-07 ·cited 18×
  Mei-Ling Bernard challenges a zoning variance granted to her neighbor Polly Davidson by the Palm Beach Town Council. The court holds that the circuit court applied the wrong legal standard for reviewing zoning variances and remands for application of the correct test requiring su
• Meador v. Cabinet FOR Human Resources
  902 F.2d 474· 6th Cir.· 1990-05-08 ·cited 18×
  The court held that the magistrate erred in dismissing the complaint, as the children's placement in a state-regulated foster home created a special relationship giving rise to a due process right to safety, and Kentucky statutes created an entitlement to protective services.
• Mahfouz El Shahawy, M.D. v. Harrison
  875 F.2d 1529· 11th Cir.· 1989-06-27 ·cited 18×
  The court held that a physician has a constitutionally protected property interest in medical staff privileges and was afforded procedural due process, but that Florida's peer review system lacks the active supervision required for state action immunity in antitrust claims.
• Oriental Health SPA v. City OF Fort Wayne
  864 F.2d 486· 7th Cir.· 1988-12-15 ·cited 18×
  The court held that Oriental Health Spa's due process claims were not ripe or lacked standing, and Martha Clampitt's equal protection claim failed because the ordinance was rationally related to legitimate government interests.
• Lokmar Yazid Abdul-Wadood v. Duckworth
  860 F.2d 280· 7th Cir.· 1988-10-24 ·cited 18×
  The court held that the restrictions placed on the inmate were a necessary emergency response to an escape attempt, not disciplinary action, and thus did not violate due process. Damages claims were properly dismissed due to lack of personal involvement and failure to properly pl
• Common v. Investigator Willie J. Williams and Phillip T. Hardiman
  859 F.2d 467· 7th Cir.· 1988-09-29 ·cited 18×
  The court held that the plaintiff failed to establish a constitutionally protected property interest in continued employment because she did not complete her probationary period under Illinois law, and thus, her procedural due process claim failed.
• Reuben Setliff, M.D. v. Mem'l Hosp. OF Sheridan Cnty.
  850 F.2d 1384· 10th Cir.· 1988-07-01 ·cited 18×
  The court held that summary judgment was properly granted because the plaintiff failed to present sufficient evidence to establish a genuine issue of material fact regarding his First Amendment retaliation claim and his due process claims.
• United States Postal Serv. v. Nat'l Ass'n OF Letter Carriers, AFL-CIO
  847 F.2d 775· 11th Cir.· 1988-06-22 ·cited 18×
  An arbitration award requiring reinstatement of a postal employee convicted of mail theft is not enforceable if it is arbitrary or capricious, particularly when based on a procedural error that is curable and causes no prejudice.
• Hensley v. Wilson
  850 F.2d 269· 6th Cir.· 1988-06-20 ·cited 18×
  Prison officials are entitled to qualified immunity from damages claims because the law regarding independent assessment of confidential informant reliability was not clearly established at the time of the disciplinary hearings. However, injunctive relief is appropriate where dis
• Copeland v. The Philadelphia Police Dep't
  840 F.2d 1139· 3d Cir.· 1988-03-07 ·cited 18×
  The court held that the city had reasonable suspicion to compel a urinalysis, that Copeland received adequate procedural due process, and that his substantive due process, equal protection, and Rehabilitation Act claims lacked merit.
• Baja Contractors, Inc. v. The City OF Chicago
  830 F.2d 667· 7th Cir.· 1987-09-16 ·cited 18×
  The court held that the district court erred in granting a preliminary injunction because Baja did not demonstrate a likelihood of success on the merits, specifically lacking a protected property interest in MBE certification as a concrete supplier.
• Peery v. Verne Brakke
  826 F.2d 740· 8th Cir.· 1987-08-12 ·cited 18×
  The court held that the district court erred in granting judgment notwithstanding the verdict because the employee did not receive adequate procedural due process prior to termination. The court also held that the governing Supreme Court decision applied retroactively and that th
• Nash v. Auburn Univ.
  812 F.2d 655· 11th Cir.· 1987-03-16 ·cited 18×
  The court held that the students received constitutionally adequate notice and hearing procedures, and that the evidence supported the finding of academic dishonesty.
• Monge-Vazquez v. Rohena-Betancourt
  813 F.2d 22· 1st Cir.· 1987-03-10 ·cited 18×
  Public officials are entitled to qualified immunity for patronage dismissals if they reasonably believed the position involved policymaking, confidential, or communicative tasks, even if the employee did not ultimately make policy.
• Henderson v. Carlson
  812 F.2d 874· 3d Cir.· 1987-02-27 ·cited 18×
  The dissenting judge would affirm the order appealed from, finding no substantial evidence to support the charge against the inmate.
• Labov v. Lalley
  809 F.2d 220· 3d Cir.· 1987-01-16 ·cited 18×
  The court held that the district court erred in dismissing the complaints under Fed.R.Civ.P. 12(b)(6) based on the availability of state administrative remedies.
• Beard v. Livesay
  798 F.2d 874· 6th Cir.· 1986-07-18 ·cited 18×
  Tennessee's reclassification statutes and regulations, with their mandatory language and detailed procedures, create a protectible liberty interest for inmates in their security status, requiring due process before reclassification.
• Franklin v. Aycock
  795 F.2d 1253· 6th Cir.· 1986-07-15 ·cited 18×
  The court affirmed the finding of physical abuse and the award of damages, but remanded the procedural due process claim for further consideration of damages.
• Sourbeer v. Robinson
  791 F.2d 1094· 3d Cir.· 1986-05-28 ·cited 18×
  The court held that the defendants are entitled to qualified immunity because the law regarding the due process rights of unsentenced prisoners in administrative segregation was not clearly established at the time of the conduct.
• Elliott v. Hinds
  786 F.2d 298· 7th Cir.· 1986-03-11 ·cited 18×
  The court held that prospective injunctive relief is not barred by the Eleventh Amendment and that defamation coupled with discharge can state a § 1983 claim for deprivation of a liberty interest. However, pendant state law claims are not appealable without proper certification.
• Frier v. City OF Vandalia
  770 F.2d 699· 7th Cir.· 1985-08-23 ·cited 18×
  The court held that the plaintiff's federal due process claim was barred by claim preclusion due to a prior state court replevin judgment.
• Ganey v. Edwards
  759 F.2d 337· 4th Cir.· 1985-04-02 ·cited 18×
  A plaintiff who proves a deprivation of a constitutional right is entitled to nominal damages, even without proof of actual injury.
• Keith Fulton & Sons, Inc. v. NEW England Teamsters & Trucking Indus. Pension Fund
  762 F.2d 1124· 1st Cir.· 1984-08-06 ·cited 18×
  The court held that the Multiemployer Pension Plan Amendments Act's (MPPAA) provisions creating a presumption of correctness for the plan sponsor's calculation of withdrawal liability violate the Fifth Amendment's guarantee of procedural due process. However, the court affirmed t
• Southwire Co. v. Trans-World Metals & Co., Ltd.
  735 F.2d 440· 11th Cir.· 1984-06-29 ·cited 18×
  The court held that the defendants' combined activities in Georgia, including pre-contract solicitation and post-contract negotiations, conferred jurisdiction under Georgia's long arm statute.
• Goode v. Louie L. Wainwright
  448 So. 2d 999· Fla.· 1984-04-02 ·cited 18×
  Arthur Goode petitioned for habeas corpus seeking to stay his execution pending a determination of his sanity. The Florida Supreme Court held that the governor has inherent authority to determine an inmate's sanity before execution, that Florida's statutory procedure does not vio
• Zernial v. United States
  714 F.2d 431· 5th Cir.· 1983-09-12 ·cited 18×
  The court held that the district court properly dismissed the plaintiff's claims, primarily due to lack of subject-matter jurisdiction under the Anti-Injunction Act and for failure to state a claim on frivolous grounds.
• Baer v. The City OF Wauwatosa
  716 F.2d 1117· 7th Cir.· 1983-08-22 ·cited 18×
  The court held that the plaintiff did not possess a constitutionally cognizable property interest in operating an unlicensed business or a license issued in error.
• Tomeu v. Palm Beach Cnty.
  430 So. 2d 601· Fla. 4th DCA· 1983-05-04 ·cited 18×
  The District Court of Appeal held that its review of a circuit court's certiorari decision on an administrative matter is limited to whether due process was afforded and correct legal principles were applied.
• Stanton Story v. Robinson
  689 F.2d 1176· 3d Cir.· 1982-10-05 ·cited 18×
  Federal courts have the authority to issue writs of habeas corpus ad testificandum compelling state custodians to produce prisoners for testimony, and custodians must comply by transporting prisoners to the nearest jail, even at their own expense.
• Golden State Transit Corp. v. City OF LOS Angeles
  686 F.2d 758· 9th Cir.· 1982-09-07 ·cited 18×
  The court held that the district court abused its discretion in granting a preliminary injunction because the plaintiff had little chance of success on the merits regarding federal preemption and due process claims.
• Gallagher & Ascher Co. v. Simon
  687 F.2d 1067· 7th Cir.· 1982-09-03 ·cited 18×
  Customs brokers are not entitled to a full adjudicatory hearing under the APA before their term special permits are suspended, and the procedures used satisfied due process requirements.
• Green v. The City OF Montezuma
  650 F.2d 648· 5th Cir.· 1981-07-13 ·cited 18×
  The court held that the district court erred in dismissing the complaint as frivolous without first docketing the case and properly evaluating the IFP application.
• Cenac v. Fla. State Bd. OF Accountancy
  399 So. 2d 1013· Fla. 1st DCA· 1981-05-29 ·cited 18×
  Cenac, a CPA with an inoperative license, formed a health care consulting company offering specialized services to health care providers. The Florida State Board of Accountancy revoked his CPA license, but the appellate court reversed portions of the decision because the Board im
• Needleman v. Bohlen
  602 F.2d 1· 1st Cir.· 1979-06-25 ·cited 18×
  The court held that the teacher's position as coordinator did not confer statutory tenure, and the procedures afforded for denying her salary increment were constitutionally adequate.