Procedural Due Process

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

• Licia T. M. Cardinale v. Wash. Tech. Inst.
  500 F.2d 791· D.C. Cir.· 1974-06-25 ·cited 16×
  The court held that the plaintiff's complaint sufficiently stated a claim arising under the Constitution to invoke the District Court's jurisdiction under 28 U.S.C. § 1331.
• Haines v. Otto Kerner
  492 F.2d 937· 7th Cir.· 1974-01-14 ·cited 16×
  The court held that the plaintiff's due process rights were not violated and his Eighth Amendment claim was without merit, affirming the jury's verdict for the defendants.
• Whitsel v. Se. Local Sch. Dist.
  484 F.2d 1222· 6th Cir.· 1973-09-25 ·cited 16×
  A teacher's insubordination and violation of school regulations, even if occurring during speech that might otherwise be protected, can be grounds for termination.
• Burr v. The NEW Rochelle Mun. Hous. Auth.
  479 F.2d 1165· 2d Cir.· 1973-05-25 ·cited 16×
  Due process requires procedural safeguards before a municipal housing authority imposes a general rent increase or service charge, but a formal adversary hearing is not necessary.
• Saez v. Goslee
  463 F.2d 214· 1st Cir.· 1972-06-21 ·cited 16×
  The court held that federal courts lack jurisdiction to review the General Counsel's refusal to issue an unfair labor practice complaint, and the plaintiff was not denied procedural due process.
• Dewayne Linwood v. The Bd. OF Educ. OF the City OF Peoria
  463 F.2d 763· 7th Cir.· 1972-06-16 ·cited 16×
  The court held that the Illinois statute authorizing school board expulsions for 'gross disobedience or misconduct' is constitutional when implemented by reasonably specific rules, and that the student's expulsion hearing met due process requirements.
• Hart v. Eyman
  458 F.2d 334· 9th Cir.· 1972-03-22 ·cited 16×
  A federal court has the power to issue conditional orders in habeas corpus cases, offering the state alternatives including release, when the state fails to provide a trial transcript or a substitute, especially when the state's own procedures or actions caused the loss of the re
• Murray v. Kunzig
  462 F.2d 871· D.C. Cir.· 1972-02-29 ·cited 16×
  The dissenting judge maintains their original position, disagreeing with the majority's interpretation of precedent and its implications for judicial oversight of the civil service.
• Cooley v. The Bd. OF Educ. OF the Forrest City Sch. Dist.
  453 F.2d 282· 8th Cir.· 1972-01-06 ·cited 16×
  A public school teacher's mid-term discharge without notice of reasons and an opportunity to be heard violates procedural due process, absent a significant countervailing state interest.
• Drown v. Portsmouth Sch. Dist.
  451 F.2d 1106· 1st Cir.· 1971-12-01 ·cited 16×
  A school board's stated reasons for non-renewal of a teacher's contract are not arbitrary and capricious if they are related to the educational process or working relationships and are supported by facts, even if the teacher claims to be innovative.
• Jones v. State Bd. of Educ. of Tenn.
  397 U.S. 31· U.S.· 1970-02-24 ·cited 16×
  The Court dismissed the writ of certiorari as improvidently granted because a newly revealed fact clouded the record, making the case an inappropriate vehicle for deciding First Amendment restrictions on university student suspensions.
• Holz v. Immigr. & Naturalization Serv.
  309 F.2d 452· 9th Cir.· 1962-11-01 ·cited 16×
  This court lacks jurisdiction to review a petition for stay of deportation solely under Section 243(h) of the Act, as the relevant statute limits judicial review to final orders of deportation issued under administrative proceedings.
• Nat'l Airlines v. Metcalf
  114 So. 2d 229· Fla. 3d DCA· 1959-08-13 ·cited 16×
  National Airlines appealed the dismissal of its declaratory judgment action challenging an arbitration award by an Airlines System Board of Adjustment, arguing the state court lacked jurisdiction. The Florida District Court of Appeal reversed, holding that state courts have juris
• Bedrettin Cakmar v. HOY
  265 F.2d 59· 9th Cir.· 1959-03-23 ·cited 16×
  The court held that an alien's claim of fear of persecution, if not substantiated by evidence, does not warrant a stay of deportation, and that the Attorney General's discretionary decision under § 243(h) is reviewable only for procedural due process violations, which were not fo
• Direct Realty Co. v. Porter
  157 F.2d 434· Emer. Ct. App.· 1946-09-17 ·cited 16×
  The complainant was not denied procedural due process because it failed to follow the established regulations for requesting an oral hearing, despite knowing those regulations.
• A.M. v. Dep't OF Child. & Families
  223 So. 3d 312· Fla. 4th DCA· 2017-07-19 ·cited 15×
  A mother challenges the termination of her parental rights on grounds that her procedural due process rights were violated by holding the termination trial while she was incompetent. The Fourth District Court of Appeal affirmed the termination, holding that due process does not r
• Comprehensive Health Ctr., Inc. v. United Auto. Ins. Co.
  56 So. 3d 41· Fla. 3d DCA· 2010-12-29 ·cited 15×
  Comprehensive Health Center sought certiorari review of a circuit court appellate decision denying PIP benefits to its client for failure to attend independent medical examinations and challenging the denial of expert witness fees for treating physicians. The Florida District Cou
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Buckner v. Fam. Servs. OF Cent. Fla., Inc.
  876 So. 2d 1285· Fla. 5th DCA· 2004-07-23 ·cited 15×
  Former foster parents appealed the dismissal of their petition seeking adoption of a minor child in state custody, claiming they had standing to sue as the child's next friend. The Fifth District affirmed the dismissal, holding that adoption is a statutory privilege, not a consti
• Hous. Auth. OF the City OF Tampa v. Burton
  874 So. 2d 6· Fla. 2d DCA· 2004-03-24 ·cited 15×
  The Housing Authority challenged a circuit court's denial of its petition for certiorari from a county court order granting a new trial in an eviction case against tenant Connie Burton. The appellate court denied the petition, holding that the circuit court did not depart from th
• Fortune Ins. Co. v. Everglades Diagnostics, Inc.
  721 So. 2d 384· Fla. 4th DCA· 1998-11-12 ·cited 15×
  Fortune Insurance sought certiorari review of a county court decision denying arbitration of a PIP insurance dispute, arguing the 30-day payment deadline in section 627.736(4)(b) does not limit when an insurer can demand arbitration under section 627.736(5). The court held that t
• Casterline v. State
  703 So. 2d 1071· Fla. 2d DCA· 1997-10-03 ·cited 15×
  The appellate court reversed the denial of postconviction relief, holding that the trial court improperly enhanced a defendant's probation conditions without a violation. The court found that the enhanced conditions, imposed without a probation violation, violated double jeopardy
• Hall v. State
  603 So. 2d 650· Fla. 1st DCA· 1992-08-07 ·cited 15×
  Antonio Hall appeals the summary denial of his post-conviction motion for ineffective assistance of counsel, raising two claims: lack of factual basis for his nolo contendere plea on drug charges and inadequate procedural protections in his habitual offender sentencing. The court
• Harris v. Cnty. OF Riverside
  904 F.2d 497· 9th Cir.· 1990-05-30 ·cited 15×
  The court held that the County's rezoning of Harris' property without individual notice violated his procedural due process rights, rendering the rezoning invalid.
• John E. Johnson and h/w Ann Marie Johnson v. The Celotex Corp.
  899 F.2d 1281· 2d Cir.· 1990-03-20 ·cited 15×
  The court affirmed the jury's award of compensatory and punitive damages, finding that the consolidation of cases was proper, the evidence sufficiently supported proximate cause, and the punitive damages award did not violate due process on the record presented. The court also fo
• Norwood L. White v. John J. Napoleon. Appeal of Norwood L. White
  897 F.2d 103· 3d Cir.· 1990-02-23 ·cited 15×
  The court held that the amended complaint sufficiently alleged deliberate indifference to serious medical needs and retaliation for exercising constitutional rights, thus surviving a motion to dismiss.
• Moss v. Clark
  886 F.2d 686· 4th Cir.· 1989-09-28 ·cited 15×
  The District of Columbia Good Time Credits Act does not violate the Equal Protection or Due Process Clauses of the Fifth Amendment by denying good time credits to inmates convicted of District offenses but housed in federal facilities.
• In re Thalheim
  853 F.2d 383· 5th Cir.· 1988-08-30 ·cited 15×
  The court held that the local rules permit prosecution of disciplinary proceedings even after an investigating panel has recommended against discipline, but a specific finding of moral unfitness is required.
• Pesce v. J. Sterling Morton High Sch.
  830 F.2d 789· 7th Cir.· 1987-10-02 ·cited 15×
  The court held that the plaintiff's procedural and substantive due process rights were not violated, nor was his privacy right, as the school board provided adequate process and did not impose unconstitutionally vague or conflicting obligations.
• Whatley v. Philo
  817 F.2d 19· 5th Cir.· 1987-05-18 ·cited 15×
  The court held that the plaintiff failed to allege sufficient facts to show that the defendants' conduct violated clearly established constitutional law, thus affirming the dismissal based on qualified immunity.
• Hill v. Grp. Three Hous. Dev. Corp.
  799 F.2d 385· 8th Cir.· 1986-08-21 ·cited 15×
  Applicants for Section 8 housing do not possess a constitutionally protected property interest merely by meeting income and family eligibility requirements, as private owners retain significant discretion in tenant selection.
• Arnold Ritter, D.O. v. Cohen
  797 F.2d 119· 3d Cir.· 1986-07-23 ·cited 15×
  The court held that even if a medical provider had a property interest in participating in the state Medicaid program, the pre-termination notice and opportunity to respond, coupled with a post-termination hearing, satisfied due process requirements.
• Mauriello v. The Univ. OF Med. & Dentistry OF NEW Jersey
  781 F.2d 46· 3d Cir.· 1986-01-14 ·cited 15×
  The court held that the plaintiff's dismissal from the graduate program was an academic decision, and the informal evaluations and opportunities to present her case satisfied due process requirements, thus the jury's damage award and reinstatement order were erroneous.
• Cruz v. Ferre
  755 F.2d 1415· 11th Cir.· 1985-03-22 ·cited 15×
  The court held that the Miami ordinance regulating indecent material on cable television was unconstitutionally overbroad under the First Amendment and its enforcement procedures violated due process.
• Preach Fleming v. United States Dep't OF Agric.
  713 F.2d 179· 6th Cir.· 1983-07-13 ·cited 15×
  The court held that the Horse Protection Act's standards are not unconstitutionally vague and that the post-show examination evidence was sufficiently reliable and supported by substantial evidence.
• Dilda v. Quern
  612 F.2d 1055· 7th Cir.· 1980-01-17 ·cited 15×
  The court held that the proposed notice of benefit reduction was inadequate because it failed to provide recipients with a breakdown of income and deductions, thus violating due process.
• PAN Am. Petroleum Corp. v. Fed. Power Comm'n
  352 F.2d 241· 10th Cir.· 1965-10-18 ·cited 15×
  The court held that the Commission's proscription of the specific renegotiation clause in Pan American's contract was rationally related to the Natural Gas Act's regulatory purposes and thus valid. The court also found that Pan American waived its right to object to the summary d
• The Town OF Longboat KEY v. Islandside Prop. Owners Coal., LLC
  95 So. 3d 1037· Fla. 2d DCA· 2012-08-29 ·cited 14×
  The Town of Longboat Key challenges a circuit court's decision quashing a development order for a $400 million redevelopment of the Longboat Key Club on second-tier certiorari review. The appellate court affirmed the circuit court's quashing of the development order, holding that
• In the Interest of C.K. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  88 So. 3d 975· Fla. 2d DCA· 2012-05-04 ·cited 14×
  The court held that a party in a dependency proceeding was denied procedural due process and statutory notice rights when a no-contact order was issued without notice or an opportunity to be heard.
• Zumpf v. Countrywide Home Loans, Inc.
  43 So. 3d 764· Fla. 2d DCA· 2010-07-23 ·cited 14×
  The court held that the appellant was not denied procedural due process, as she was aware of the hearing, participated, and failed to preserve her procedural arguments by not raising them below.
• Allen v. State
  873 So. 2d 576· Fla. 2d DCA· 2004-05-26 ·cited 14×
  The Florida District Court of Appeal granted a petition for writ of mandamus, ordering a lower court to hold a probable cause hearing for a sexually violent predator committed under the Jimmy Ryce Act. The court denied a petition for habeas corpus, finding that the failure to hol
• Parker v. State
  843 So. 2d 871· Fla.· 2003-03-27 ·cited 14×
  Thomas Parker challenges the constitutionality of Florida Statute §903.0471, which allows courts to revoke pretrial release and order detention upon finding probable cause that a defendant committed a new crime while on release. The Florida Supreme Court upholds the statute as co
• Elvira Anderson o/b/o J.A. v. Sch. Bd. OF Seminole Cnty.
  830 So. 2d 952· Fla. 5th DCA· 2002-11-22 ·cited 14×
  The court held that procedural due process objections not raised at the administrative hearing are waived and cannot be raised for the first time on appeal.
• Dep't of Hwy. Safety & Motor Vehicles v. Currier
  824 So. 2d 966· Fla. 1st DCA· 2002-08-20 ·cited 14×
  The circuit court failed to apply the correct law when reviewing the hearing officer's order, improperly reweighing evidence and substituting its judgment for that of the agency.
• Riley v. Larue T. Camp
  130 F.3d 958· 11th Cir.· 1997-12-08 ·cited 14×
  The Eleventh Circuit denied rehearing en banc, with a concurring opinion emphasizing that the panel's decision was consistent with established precedent regarding substantive due process and the law of the case doctrine. The concurrence rejected the dissent's arguments that new s
• Hully v. Hully
  653 So. 2d 1138· Fla. 2d DCA· 1995-04-28 ·cited 14×
  In a dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's entry of default against the husband and the resulting final judgment, holding that the husband's procedural due process rights were violated when he was forced to choose between pr
• Haines City Cmty. Dev. v. Leila Heggs
  647 So. 2d 855· Fla. 2d DCA· 1994-06-22 ·cited 14×
  Haines City Community Development sought certiorari review of a circuit court's reversal of an eviction judgment against a tenant for nonpayment of rent. The District Court of Appeal denied the petition under the Combs standard, finding no miscarriage of justice, and certified a
• Resolution Tr. Corp. for Broadview Fed. Sav. Bank v. Town OF Highland Beach
  18 F.3d 1536· 11th Cir.· 1994-04-19 ·cited 14×
  The Eleventh Circuit affirmed the district court's grant of injunctive relief and damages award against the Town of Highland Beach for violating a developer's vested property rights in residential plan unit development (RPUD) zoning. The Town's mayor issued a letter in 1980 confi
• In the Interest of D.F.
  622 So. 2d 1102· Fla. 1st DCA· 1993-08-10 ·cited 14×
  The Florida First District Court of Appeal reviewed whether Section 39.464(4) is unconstitutional for failing to require HRS to plead egregious abuse in dependency petitions and failing to mandate counsel appointment at dependency hearings involving egregious abuse allegations. T
• Livingston v. Unemployment Appeals Comm'n & News & Sun-Sentinel Co.
  620 So. 2d 1103· Fla. 4th DCA· 1993-06-30 ·cited 14×