Procedural Due Process

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

• Nicaragua Trader Corp. v. Alejo Fla. Props., LLC
  19 So. 3d 395· Fla. 3d DCA· 2009-08-26 ·cited 16×
  The court held that dismissing an appeal without ruling on a motion for reconsideration and without providing the required ten-day warning constitutes a departure from the essential requirements of law and a denial of due process.
• Abrams v. State
  971 So. 2d 1033· Fla. 4th DCA· 2008-01-16 ·cited 16×
  Thomas Abrams challenges two life sentences imposed under Florida's Dangerous Sexual Felony Offender Act (DSFO Act), arguing the statute violates procedural due process. The court upholds the DSFO Act as constitutional but reverses Abrams's life sentence on one count because lewd
• Dep't of Hwy. Safety & Motor Vehicles v. DeGROOT
  971 So. 2d 237· Fla. 2d DCA· 2008-01-04 ·cited 16×
  The Florida District Court of Appeal reversed a circuit court's decision that had overturned a driver's license suspension for DUI based on insufficient evidence. The court held that Florida law does not require an intoxilyzer print card to be submitted to establish breath-alcoho
• R.H. v. Dep't of Child. & Families
  948 So. 2d 898· Fla. 5th DCA· 2007-02-09 ·cited 16×
  The court held that the mother's due process rights were violated by closing the dependency case and awarding permanent custody without prior notice that permanency would be decided, and by modifying the case plan without an evidentiary hearing.
• WCI Cmtys., Inc. v. City OF Coral Springs
  885 So. 2d 912· Fla. 4th DCA· 2004-09-29 ·cited 16×
  WCI Communities challenged a nine-month temporary moratorium on multi-family development applications enacted by the City of Coral Springs, arguing it violated procedural and substantive due process rights and constituted a regulatory taking. The court affirmed the trial court's
• DeJESUS v. State
  862 So. 2d 847· Fla. 4th DCA· 2003-12-10 ·cited 16×
  DeJesus appealed the trial court's denial of his motion to declare Florida's sexual offender registration statute unconstitutional and to remove himself from the sexual offender registry. The Fourth District Court of Appeal affirmed, rejecting his constitutional challenges, his a
• Greenberg v. Miami Child's. Hosp. Res. Inst., Inc.
  264 F. Supp. 2d 1064· S.D. Fla.· 2003-05-29 ·cited 16×
  The court held that while unjust enrichment claims may proceed, claims for lack of informed consent, breach of fiduciary duty, fraudulent concealment, and conversion fail for insufficient pleading.
• Perry v. State
  842 So. 2d 301· Fla. 5th DCA· 2003-04-17 ·cited 16×
  A court may revoke pretrial release and order detention based solely on a probable cause affidavit for a new crime, consistent with section 903.0471, Florida Statutes.
• Dep't of Hwy. Safety & Motor Vehicles v. Snelson
  817 So. 2d 1045· Fla. 2d DCA· 2002-06-05 ·cited 16×
  The circuit court erred by applying the incorrect law when reviewing the agency's decision to suspend Mr. Snelson's driver's license, as the statute did not mandate the submission of the field sobriety videotape.
• Murphy v. Lenora D. Ridgard
  757 So. 2d 607· Fla. 5th DCA· 2000-05-12 ·cited 16×
  Timothy Murphy appealed from a trial court's summary denial of his petition for increased child visitation without a properly noticed hearing. The Florida appellate court reversed, holding that due process rights require notice and an opportunity to be heard in child custody and
• Gardens Country Club, Inc. v. Palm Beach Cnty.
  712 So. 2d 398· Fla. 4th DCA· 1998-03-11 ·cited 16×
  Gardens Country Club sought damages for inverse condemnation and due process violations after Palm Beach County refused to certify its development application under the 1980 Comprehensive Plan, instead requiring compliance with a proposed 1989 Plan that reduced allowable density.
• Miller v. Miller
  691 So. 2d 528· Fla. 4th DCA· 1997-03-27 ·cited 16×
  Matthew Miller appeals an order granting a six-month injunction for protection against domestic violence that excluded him from his home and restricted his access to his minor child. The Fourth District Court of Appeal reversed, holding that the trial court violated due process b
• Leinenbach v. Karyn Ruth Leinenbach
  634 So. 2d 252· Fla. 2d DCA· 1994-03-25 ·cited 16×
  A father appeals an order transferring primary residential custody of his son to the mother, which was based on a guardian ad litem's report. The court reversed because the father was denied the procedural due process right to a hearing to rebut the guardian's report before the t
• Student Alpha ID Number Guja v. The Sch. Bd. OF Volusia Cnty.
  616 So. 2d 1011· Fla. 5th DCA· 1993-02-26 ·cited 16×
  A high school student was suspended for marijuana possession after admitting she gave marijuana to another student during lunch. The student challenged her suspension arguing she was charged with distribution on campus but convicted of possession, violating due process. The court
• Forehand v. Sch. Bd. OF Gulf Cnty.
  600 So. 2d 1187· Fla. 1st DCA· 1992-05-26 ·cited 16×
  A Florida appellate court vacated a school board's order suspending a fifth-grade teacher for ten days without pay, finding that the teacher was denied a fair hearing due to the board's attorney serving in the dual conflicting roles of prosecutor and legal advisor, and that two o
• Isabella E. Allen v. Denver Pub. Sch. Bd.
  928 F.2d 978· 10th Cir.· 1991-03-26 ·cited 16×
  The court affirmed the district court's rulings, finding no error in the dismissal of civil rights claims and the granting of summary judgment on remaining claims, and affirming the denial of attorney's fees.
• Dorfmont v. Brown
  913 F.2d 1399· 9th Cir.· 1990-09-10 ·cited 16×
  The court did not decide whether constitutional challenges to security clearance decisions made by officials deriving authority from the President are judicially reviewable.
• Braley v. City OF Pontiac
  906 F.2d 220· 6th Cir.· 1990-06-19 ·cited 16×
  The court held that Braley's federal claims were moot because he had received substantial satisfaction in state court for the same underlying injuries, and he failed to state a constitutional claim actionable under § 1983.
• S. Cal. Aerial Advertisers' Ass'n v. Fed. Aviation Admin.
  881 F.2d 672· 9th Cir.· 1989-08-01 ·cited 16×
  The court held that the FAA's decision to prohibit fixed-wing aircraft from using the shoreline transition was invalid because it was not issued in accordance with the Administrative Procedure Act's notice and comment requirements.
• RRI Realty Corp. v. The Inc. Vill. OF Southampton
  870 F.2d 911· 2d Cir.· 1989-03-29 ·cited 16×
  The dissenting judge holds that RRI demonstrated a property interest protected by the Fourteenth Amendment because the Architectural Review Board failed to act on its permit application within the time prescribed by village code, thereby entitling RRI to the permit.
• Woodrum v. Woodward Cnty.
  866 F.2d 1121· 9th Cir.· 1989-01-25 ·cited 16×
  The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because he did not allege a deprivation of a constitutionally protected liberty interest sufficient to overcome the governmental interest in child protection, and reversed the award of sanctions agai
• Franco v. Kelly
  854 F.2d 584· 2d Cir.· 1988-07-25 ·cited 16×
  An allegation that prison officials intentionally filed false disciplinary charges in retaliation for an inmate's exercise of a constitutional right states a cause of action under 42 U.S.C. § 1983 that can withstand a motion for summary judgment, even if minimum procedural due pr
• Watertown Equip. Co. & Edward Moe, Jr. v. Norwest Bank Watertown, N.A.
  830 F.2d 1487· 8th Cir.· 1987-10-08 ·cited 16×
  The court held that the South Dakota attachment statute, as applied, violated clearly established due process rights, and therefore the defendants were not entitled to qualified immunity.
• Griffin High Sch. v. Ill. High Sch. Ass'n
  822 F.2d 671· 7th Cir.· 1987-06-10 ·cited 16×
  The court held that IHSA by-law 3.043, which created different eligibility rules for student athletes transferring between public and private schools, did not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment.
• Consol. OIL & GAS, Inc. v. Fed. Energy Regulatory Comm'n
  806 F.2d 275· D.C. Cir.· 1986-12-05 ·cited 16×
  The court held that the Federal Energy Regulatory Commission (FERC) correctly asserted jurisdiction over Consolidated's natural gas sales under the Natural Gas Act, applying the commingling doctrine established in Lo-Vaca.
• Toney-El v. Franzen
  777 F.2d 1224· 7th Cir.· 1985-11-20 ·cited 16×
  The court held that the plaintiff's claim for deprivation of liberty due to an erroneous calculation of his release date failed to state a violation of procedural due process because adequate state remedies were available.
• Zellmer Fromm and Marilyn Tucker v. Rosewell
  771 F.2d 1089· 7th Cir.· 1985-08-29 ·cited 16×
  The court held that principles of comity and the Tax Injunction Act bar federal court review of state tax assessment disputes when adequate state remedies exist. The taxpayer objection procedure in Illinois is considered such a remedy.
• Keith Fulton & Sons, Inc. v. NEW England Teamsters & Trucking Indus. Pension Fund, Inc.
  762 F.2d 1137· 1st Cir.· 1985-05-23 ·cited 16×
  The court held that the Multiemployer Pension Plan Amendments Act (MPPAA) did not violate due process by requiring employers to make withdrawal liability payments, even if withdrawal was involuntary.
• Traughber v. Beauchane
  760 F.2d 673· 6th Cir.· 1985-04-22 ·cited 16×
  Federal courts should not abstain from hearing a § 1983 claim challenging state attachment procedures when state remedies are inadequate or uncertain.
• Malcak v. The Westchester Park Dist.
  754 F.2d 239· 7th Cir.· 1985-02-07 ·cited 16×
  The court held that the plaintiff did not have a property interest in continued employment, as the Manual provision constituted at-will employment and individual commissioners lacked authority to make assurances. Therefore, the district court erred in denying the defendant's moti
• Chuck Keough v. Tate Cnty. Bd. OF Educ.
  748 F.2d 1077· 5th Cir.· 1984-12-21 ·cited 16×
  The court held that the student received adequate procedural due process for both his short-term suspension and subsequent expulsion, and that the district court did not err in denying injunctive relief.
• Marrero v. State
  428 So. 2d 304· Fla. 2d DCA· 1983-03-09 ·cited 16×
  Hector Marrero appeals his conviction for conspiring to traffic in cannabis and trafficking in cannabis, challenging a thirteen-month pre-arrest delay as a violation of due process. The Florida appellate court held that the delay did not violate due process because Marrero failed
• Barbian v. Constantine Panagis & the City of Milwaukee
  694 F.2d 476· 7th Cir.· 1982-11-30 ·cited 16×
  The appellate court affirmed the trial court's denial of a motion to interview jurors, holding that the information presented did not establish a sufficient basis to question the verdict's integrity.
• Evans v. W. H. "Sonny" Dillahunty and William E. Amos
  662 F.2d 522· 8th Cir.· 1981-11-02 ·cited 16×
  The court held that the federal parole statute creates a constitutionally protected liberty interest, and a prisoner must be afforded an opportunity to respond to adverse information used in parole decisions.
• Garcia v. Irba Cruz de Batista
  642 F.2d 11· 1st Cir.· 1981-02-26 ·cited 16×
  The court held that the plaintiff's allegations, combined with the existence of disciplinary regulations and established penal practice, were sufficient to state a claim for a constitutionally protectible liberty interest in remaining in the halfway house program.
• Lecates v. Just. OF the Peace Court NO. 4 OF the State OF Del.
  637 F.2d 898· 3d Cir.· 1980-12-30 ·cited 16×
  The Supreme Court's dismissal of a prior case for want of a substantial federal question, under Hicks v. Miranda, binds lower courts on the precise issues presented and decided.
• Coyne-Delany Co., Inc. v. Cap. Dev. Bd. OF the State OF Ill.
  616 F.2d 341· 7th Cir.· 1980-02-22 ·cited 16×
  A state government has broad discretion in choosing suppliers for its needs, and a disappointed supplier has no legally enforceable right to sell to the government.
• Gilbert v. Johnson
  601 F.2d 761· 5th Cir.· 1979-08-27 ·cited 16×
  The court held that while a lawyer's interest in a fee deserves protection, intervention is not always the appropriate method, especially when other means like asserting a lien are available.
• Christopher v. U. S. Bd. OF Parole
  589 F.2d 924· 7th Cir.· 1978-12-29 ·cited 16×
  The court should have remanded for a determination of whether the Board's denial of confrontation and cross-examination was a proper exercise of discretion.
• Lyle v. Brenna
  589 F.2d 475· 10th Cir.· 1978-12-13 ·cited 16×
  The court held that the college's decision to terminate a tenured professor due to budgetary exigencies, based on administrative judgment of departmental needs and faculty versatility, was not arbitrary or capricious, and thus did not violate substantive due process.
• United States v. Richards
  583 F.2d 491· 10th Cir.· 1978-08-23 ·cited 16×
  The dissenting judge would hold that the regulation extending the Migratory Bird Act's prohibitions to birds raised in captivity is invalid as exceeding the authority delegated by Congress and contradicting the Act's objectives.
• Kennedy v. Harold T. Robb, M.D.
  547 F.2d 408· 8th Cir.· 1976-12-30 ·cited 16×
  Procedural due process requires that a state employee with a property interest in employment must be given an opportunity to rebut charges against them before suspension and discharge.
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• LeTOURNEUR v. Immigr. & Naturalization Serv.
  538 F.2d 1368· 9th Cir.· 1976-06-18 ·cited 16×
  The court affirmed the Board of Immigration Appeals' order of deportation, finding no merit in the petitioner's procedural due process, constitutional, or burden of proof arguments.
• Amtel, Inc. v. Fed. Energy Admin. & Frank G. Zarb
  536 F.2d 1378· Temp. Emer. Ct. App.· 1976-05-25 ·cited 16×
  The court held that the Federal Energy Administration's (FEA) decision to grant exception relief to Whitco was supported by substantial evidence, not arbitrary or capricious, and within its statutory authority, affirming the district court's dismissal of Amtel's complaint.
• Satterfield v. The Edenton-Chowan Bd. OF Educ.
  530 F.2d 567· 4th Cir.· 1975-12-05 ·cited 16×
  A probationary teacher denied contract renewal is entitled to a meaningful hearing, but not necessarily a public or pre-termination adversary hearing, and waives procedural rights by failing to participate.
• COE v. Bogart
  519 F.2d 10· 6th Cir.· 1975-07-15 ·cited 16×
  A tenured teacher's transfer, if administrative and not punitive, does not deprive them of a constitutionally protected property interest under the Fourteenth Amendment.
• Black v. Brown
  513 F.2d 652· 7th Cir.· 1975-03-20 ·cited 16×
  The court held that the dismissal of the plaintiff's claims for monetary and declaratory relief regarding denial of procedural due process, denial of access to courts, and cruel and unusual punishment was improper.
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  508 F.2d 277· 2d Cir.· 1975-01-06 ·cited 16×
  The court held that the federal due process claims were not raised or adjudicated in the prior state court proceeding, thus res judicata did not apply.
• Wright v. Ark. Activities Ass'n (AAA)
  501 F.2d 25· 8th Cir.· 1974-07-16 ·cited 16×
  The court held that the Arkansas Activities Association's disciplinary ruling violated due process by imposing sanctions without fair notice of potential penalties for violating its regulations.