Procedural Due Process

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

• Brown v. Bathke
  566 F.2d 588· 8th Cir.· 1977-11-10 ·cited 18×
  The court held that the Board of Education's termination of a teacher's employment due to unwed pregnancy constituted sex discrimination under the Fourteenth Amendment.
• Henrius Henry v. Immigr. & Naturalization Serv.
  552 F.2d 130· 5th Cir.· 1977-05-13 ·cited 18×
  The court held that the Board of Immigration Appeals' denial of withholding deportation was not arbitrary or capricious and that petitioners received procedural due process.
• Roskos v. The United States
  549 F.2d 1386· Ct. Cl.· 1977-02-23 ·cited 18×
  A reassignment to a nonsupervisory position, even at the same grade and pay, constitutes a reduction in rank and an adverse action entitling the employee to procedural rights.
• In re Grand Jury Investigation. Appeal of Steve Bruno
  545 F.2d 385· 3d Cir.· 1976-11-23 ·cited 18×
  A witness adjudged in contempt for refusing to testify after immunity is granted is entitled to notice and a reasonable opportunity to prepare a defense, including presenting any just cause for refusal.
• Stebbins v. Weaver
  537 F.2d 939· 7th Cir.· 1976-07-07 ·cited 18×
  The court affirmed the dismissal, holding that the plaintiff did not possess a property or liberty interest sufficient to trigger Fourteenth Amendment procedural protections regarding the denial of tenure.
• Vincenzo Burrafato and Antonina Burrafato v. United States Dep't OF State & United States Immigr. & Naturalization Serv.
  523 F.2d 554· 2d Cir.· 1975-08-13 ·cited 18×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as federal courts should not intervene in the executive branch's enforcement of immigration policy regarding alien exclusion.
• Grover William Sims v. FOX
  492 F.2d 1088· 5th Cir.· 1974-04-19 ·cited 18×
• JOY v. Holland Daniels
  479 F.2d 1236· 4th Cir.· 1973-06-11 ·cited 18×
  The court held that tenants in federally subsidized housing have a property interest in continued occupancy, protected by the Fourteenth Amendment, and cannot be evicted without good cause, even after a lease term expires.
• Kelm v. Carlson
  473 F.2d 1267· 6th Cir.· 1973-02-08 ·cited 18×
  The court held that the university's interpretation of its residency rule, requiring a definite employment agreement for reclassification, did not violate equal protection or procedural due process.
• United States v. Kelly
  473 F.2d 1225· 9th Cir.· 1973-01-31 ·cited 18×
  The court held that the local board clerk's failure to transmit information supporting the appellant's high school deferment to the board members constituted prejudicial error and a denial of procedural due process.
• Johnson v. Fraley
  470 F.2d 179· 4th Cir.· 1972-11-20 ·cited 18×
  The court held that a teacher's claim of deprivation of a liberty interest due to non-renewal of contract, without more, does not implicate constitutional due process protections.
• United States v. Watson
  442 F.2d 1273· 8th Cir.· 1971-05-11 ·cited 18×
  The court held that the postponement of induction was permissible, the board properly denied reopening of classification, and the appellant was not denied due process regarding notice or his pregnancy claim.
• Mordecai Bluth v. Laird
  435 F.2d 1065· 4th Cir.· 1970-12-23 ·cited 18×
  The Army's denial of Major Bluth's deferment request is reversed because the Army failed to substantially comply with its own regulations in processing the request, vitiating the denial.
• United States v. Chambers
  429 F.2d 410· 3d Cir.· 1970-07-06 ·cited 18×
  A state court acquittal does not invalidate a federal probation revocation based on the same conduct, as the burden of proof differs and the revocation decision is independent.
• Hermione King v. Finch
  428 F.2d 709· 5th Cir.· 1970-06-16 ·cited 18×
  The court held that the 1967 amendments to the Social Security Act could be constitutionally applied to pending cases, and that substantial evidence supported the denial of disability benefits.
• Gold v. Lomenzo
  425 F.2d 959· 2d Cir.· 1970-01-22 ·cited 18×
  A challenge to the confiscatory nature of a state administrative order regarding commission rates presents a substantial constitutional issue requiring a three-judge court.
• Denis E. Cosby v. The United States
  417 F.2d 1345· Ct. Cl.· 1969-11-14 ·cited 18×
  The court adopted the commissioner's findings and concluded the plaintiff failed to prove resignation under duress, thus dismissing the petition.
• Krieger v. Brig. Gen. James Terry
  413 F.2d 73· 9th Cir.· 1969-06-25 ·cited 18×
  The court held that the district court did not err in dismissing the habeas corpus application without prejudice for failure to exhaust administrative remedies, but that the district court should have held the proceeding in abeyance rather than dismissing it.
• Brasch v. Brasch
  109 So. 2d 584· Fla. 3d DCA· 1959-03-03 ·cited 18×
  The court held that the attorney's claim for fees against the wife, based on their contract, was a separate matter from the divorce proceedings and not subject to the same rules as court-ordered fees.
• State v. Vernson Edward Dortch
  317 So. 3d 1074· Fla.· 2021-05-20 ·cited 17×
  Florida Supreme Court reversed a Fourth District appellate decision that recognized a "fundamental error" exception to the requirement that a defendant must file a motion to withdraw a guilty plea before appealing claims of involuntariness. The Court held that no such exception e
• DMB Inv. Tr. & SKB Inv. Tr. v. Islamorada
  225 So. 3d 312· Fla. 3d DCA· 2017-07-19 ·cited 17×
  DMB Investment Trust and SKB Investment Trust petitioned for certiorari review of a circuit court decision affirming a code compliance order requiring them to remove a swim buoy system installed on their waterfront property without a Village permit. The District Court of Appeal r
• Klinker v. Dep't of Hwy. Safety & Motor Vehicles
  118 So. 3d 835· Fla. 5th DCA· 2013-05-31 ·cited 17×
  Kurt Klinker sought certiorari review of an administrative decision suspending his driver's license for DUI, challenging the hearing officer's refusal to issue subpoenas for FDLE employees, the Intoxilyzer 8000 machine's approval, and the absence of an inspection report. The Fift
• Ladson v. State
  955 So. 2d 612· Fla. 2d DCA· 2007-04-20 ·cited 17×
  Mitchell Ladson appeals his convictions for forgery, uttering a forged instrument, and grand theft. The court affirms his convictions and sentences but addresses his challenge to a probation condition requiring payment for drug and alcohol testing, holding that while the 'pay for
• Dept. OF Hwy. Safety & Motor Vehicles v. Swegheimer
  847 So. 2d 545· Fla. 5th DCA· 2003-05-09 ·cited 17×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court's decision quashing the suspension of a driver's license for refusal to submit to a breath, blood, or urine test. The appellate court found that the circuit court misapplied th
• Dep't of Hwy. Safety & Motor Vehicles v. Cochran
  798 So. 2d 761· Fla. 5th DCA· 2001-08-10 ·cited 17×
  The Florida Department of Highway Safety and Motor Vehicles challenged a circuit court's decision that quashed a DUI-related driver's license suspension based solely on a defective breath test affidavit. The appellate court reversed, holding that the circuit court erred by focusi
• Estrada v. State
  787 So. 2d 94· Fla. 2d DCA· 2001-03-28 ·cited 17×
  A trial court cannot add a discretionary multiplier to a defendant's scoresheet when resentencing under Heggs v. State, especially when the multiplier was not mistakenly omitted from the original sentencing.
• Sickon v. The Sch. Bd. OF Alachua Cnty.
  719 So. 2d 360· Fla. 1st DCA· 1998-10-21 ·cited 17×
  A tenured Florida teacher challenged the School Board's denial of her request for an administrative hearing when she was not reappointed as band director for the 1997-98 school year. The First District Court of Appeal affirmed the denial, holding that she had no substantial inter
• The City OF Jacksonville Beach v. Marisol Land Dev., Inc.
  706 So. 2d 354· Fla. 1st DCA· 1998-01-27 ·cited 17×
  The circuit court erred by applying the wrong standard of review and deciding zoning policy de novo, thereby exceeding its certiorari jurisdiction.
• Dep't OF Hwy. Safety & Motor Vehicles v. Farley
  633 So. 2d 69· Fla. 5th DCA· 1994-02-18 ·cited 17×
  The court held that the state failed to meet its burden of proving substantial compliance with the observation period rule for breathalyzer tests when it presented no evidence regarding a critical three-minute interval.
• Holiday Isle Resort & Marina Assocs. & Joe Roth v. Monroe Cnty.
  582 So. 2d 721· Fla. 3d DCA· 1991-07-02 ·cited 17×
  The Florida District Court of Appeal reversed the circuit court's dismissal of appeals from Monroe County Code Enforcement Board decisions, holding that constitutional claims are properly cognizable in appeals under Florida Statute Section 162.11, contrary to the lower court's de
• Charles v. Scotty Baesler
  910 F.2d 1349· 6th Cir.· 1990-08-14 ·cited 17×
  Substantive due process does not protect ordinary state-created contract rights, and a simple breach of contract by a government entity does not violate the Contracts Clause if state remedies remain available.
• Facet Enters., Inc. v. Nat'l Labor Relations Bd.
  907 F.2d 963· 10th Cir.· 1990-07-03 ·cited 17×
  The court held that Facet's due process claim was properly before it, and that the Board's finding of direct dealing was supported by substantial evidence, even though the complaint initially focused on unit-splitting.
• Clayman v. Clayman
  536 So. 2d 358· Fla. 3d DCA· 1988-12-27 ·cited 17×
  The trial court abused its discretion by denying the mother's motion for a continuance, thereby denying her due process to review and rebut custody reports.
• Hotel & Rest. Emps. Union v. Smith
  846 F.2d 1499· D.C. Cir.· 1988-05-20 ·cited 17×
  The judgment of the district court is affirmed by an equally divided court.
• Kennedy v. Bowen
  814 F.2d 1523· 11th Cir.· 1987-04-20 ·cited 17×
  The Appeals Council must provide claimants with notice of its intent to re-examine issues not challenged on appeal, consistent with due process and agency regulations.
• Dimond v. Dist. OF Columbia
  792 F.2d 179· D.C. Cir.· 1986-05-30 ·cited 17×
  The court held that the $5,000 medical expense threshold in the D.C. No-Fault Act did not violate equal protection principles and affirmed the lower court's ruling that Harley lacked standing for his procedural challenge. The court also reversed the denial of intervention for Sta
• S. Ohio Coal Co. v. Donovan
  774 F.2d 693· 6th Cir.· 1985-10-02 ·cited 17×
  The court held that the district courts had jurisdiction to hear the operators' constitutional due process claims challenging the Mine Commission's Rule 44, and that the claims were not mooted by settlements with miners, nor barred by failure to exhaust administrative remedies.
• Schiffahartsgesellschaft Leonhardt & Co. v. A. Bottacchi S.A. DE Navegacion
  773 F.2d 1528· 11th Cir.· 1985-10-01 ·cited 17×
  The court held that the maritime attachment procedures under Rule B(1) are derived from the court's inherent admiralty powers, not exclusively from the rule itself, thus avoiding a constitutional challenge to the rule.
• BML Invs. v. City OF Casselberry
  476 So. 2d 713· Fla. 5th DCA· 1985-09-12 ·cited 17×
  BML Investments sought to develop an apartment complex on PUD-zoned property in Casselberry, Florida, but the City Council denied its revised preliminary development plan. The Florida appellate court granted certiorari, finding that the City's denial relied improperly on neighbor
• Breath v. Alwynn J. Cronvich
  729 F.2d 1006· 5th Cir.· 1984-04-16 ·cited 17×
  The dissenting judge believes the appearance bond procedure is unconstitutional in this case because the owner was not informed of the alternative and the procedure was not practically available.
• Pooran and Mohammad Akbarin v. Immigr. & Naturalization Serv.
  669 F.2d 839· 1st Cir.· 1982-02-03 ·cited 17×
  The court held that the immigration judge erred by excluding evidence of alleged oral INS authorization for employment, denying petitioners a fair hearing and committing an error of law.
• Dasher v. The Supreme Court OF Tex.
  658 F.2d 1045· 5th Cir.· 1981-10-13 ·cited 17×
  The court held that the district court erred in granting summary judgment because the Board of Law Examiners did not change the rules and the plaintiff was not prejudiced by any alleged change.
• Renoldo L. Spivey v. Barry
  665 F.2d 1222· D.C. Cir.· 1981-09-09 ·cited 17×
  The court held that the closing of the Upshur Street Clinic did not violate the Clinical Health Services Act and that subsequent budgetary actions precluded relief for any procedural irregularities. The court also found that the closing did not violate equal protection principles
• White v. Miss. State OIL & GAS Bd.
  650 F.2d 540· 5th Cir.· 1981-05-29 ·cited 17×
  The court held that the plaintiff did not have a protected property interest in his employment sufficient to sustain a due process claim, and that the evidence did not support his age discrimination claim.
• Magalene Harper v. Lindsay
  616 F.2d 849· 5th Cir.· 1980-05-09 ·cited 17×
  Most of Harris County's massage parlor regulations are constitutional, but the provision requiring a six-inch by six-inch unobstructed opening on interior doors is an unconstitutional exercise of police power.
• Russell-Newman Mfg. Co., Inc. v. Nat'l Labor Relations Bd.
  406 F.2d 1280· 5th Cir.· 1969-02-03 ·cited 17×
  The court held that the company violated Sections 8(a)(1), (3), and (5) of the NLRA by engaging in discriminatory wage practices and refusing to bargain. The Board's order to remedy these violations is enforced.
• Zuniga v. State
  184 So. 2d 659· Fla. 1st DCA· 1966-03-31 ·cited 17×
  The appellate court affirmed the denial of the petition for a writ of habeas corpus, finding that the grounds for relief were not properly raised through habeas corpus.
• Scott v. Macy
  349 F.2d 182· D.C. Cir.· 1965-06-16 ·cited 17×
  The court held that the appellant was not given adequate notice of the specific 'immoral conduct' used to disqualify him from federal employment.
• Gray v. Childs
  115 Fla. 816· Fla.· 1934-07-21 ·cited 17×
  The Florida Supreme Court upheld an injunction preventing publication of a proposed constitutional amendment consolidating county tax collector and assessor offices because the amendment, though properly adopted by the House and later by the Senate, did not appear in the Senate J
• Benning v. Comm'r, Ga. Dep't of Corr.
  71 F.4th 1324· 11th Cir.· 2023-06-23 ·cited 16×
  An inmate in a Georgia prison challenged the Georgia Department of Corrections' policy of intercepting and censoring his outgoing emails without providing notice or an opportunity to appeal, claiming violations of his First Amendment and Fourteenth Amendment due process rights. T