Procedural Due Process

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

• Gaut v. Sunn
  792 F.2d 874· 9th Cir.· 1986-06-20 ·cited 12×
  The court held that allegations of severe beatings and threats to deter legal action, taken as true, state a claim under 42 U.S.C. § 1983.
• Evonne J. NEW v. City OF Minneapolis
  792 F.2d 724· 8th Cir.· 1986-06-04 ·cited 12×
  The court held that allegations of intentional excessive force by law enforcement implicate substantive due process rights, regardless of state tort remedies.
• Stein v. The Bd. OF the City OF NEW York
  792 F.2d 13· 2d Cir.· 1986-05-22 ·cited 12×
  The court held that Stuart Stein had a protected property interest in his continued employment with ACJ, and that the Board of Education's actions deprived him of due process by failing to provide adequate notice and a fair hearing. However, the court also held that the case must
• State v. MacIas
  481 So. 2d 979· Fla. 4th DCA· 1986-01-22 ·cited 12×
  The State petitioned for certiorari review of a circuit court decision that reversed a DUI conviction and granted a new trial, arguing that the trial court's direction for the defendant to speak and perform sobriety tests did not violate her Fifth Amendment privilege against self
• Four Seasons Apartment v. City OF Mayfield Heights
  775 F.2d 150· 6th Cir.· 1985-10-21 ·cited 12×
  The court held that plaintiffs' Fifth Amendment taking claim is barred because they failed to utilize available state inverse condemnation procedures, and their Fourteenth Amendment procedural due process claim fails because the permit's rescission was either an unauthorized act
• City OF Sunrise v. Broward Cnty.
  473 So. 2d 1387· Fla. 4th DCA· 1985-08-21 ·cited 12×
  The City of Sunrise appealed a circuit court decision invalidating an annexation ordinance on grounds that the annexed property was not reasonably compact and created enclaves of unincorporated land. The appellate court upheld the invalidation, holding that Florida's annexation s
• Menendez v. Perishable Distribs., Inc.
  763 F.2d 1374· 11th Cir.· 1985-06-25 ·cited 12×
• Manion v. Mich. Bd. OF Med. (formerly Med. Practice Board)
  765 F.2d 590· 6th Cir.· 1985-06-24 ·cited 12×
  Members of the Michigan Board of Medicine are not entitled to absolute immunity for their licensure duties but are entitled to qualified immunity. Qualified immunity applies because their conduct must be judged against clearly established law, and the Board failed to show there w
• Bridgett L. Burgess v. Merit Sys. Prot. Bd.
  758 F.2d 641· Fed. Cir.· 1985-04-09 ·cited 12×
  The court held that the Merit Systems Protection Board's show-cause order was misleading and failed to adequately inform the appellant of the requirements to establish jurisdiction, thus vacating the dismissal and remanding for further proceedings.
• Winston v. The City OF NEW York
  759 F.2d 242· 2d Cir.· 1985-04-05 ·cited 12×
  A New York City public school teacher's contractual right to a pension vests upon becoming a member of the retirement system and constitutes a property interest protected by the Fourteenth Amendment's due process clause. A provision automatically forfeiting pensions upon dismissa
• Hous. Auth. OF the City OF Tampa v. Rubin R. Robinson
  464 So. 2d 158· Fla. 2d DCA· 1985-01-18 ·cited 12×
  The Housing Authority of Tampa appeals a trial court judgment ordering Robinson's reinstatement with back pay after he was terminated as Project Manager II. The appellate court reversed, holding that Robinson received adequate procedural due process notice and fair opportunity to
• Townley v. Heckler
  748 F.2d 109· 2d Cir.· 1984-11-15 ·cited 12×
  The Administrative Law Judge (AU) denied the claimant procedural due process by relying on post-hearing evidence without allowing cross-examination, and applied the incorrect legal standard by failing to make a required finding of residual functional capacity.
• Glinton v. Wille
  457 So. 2d 563· Fla. 4th DCA· 1984-10-10 ·cited 12×
  Richard Glinton petitioned for habeas corpus review after his pretrial bond was revoked and he was adjudicated guilty of contempt of court for violating a bond condition prohibiting him from entering a specific neighborhood field. The court granted the petition, finding the bond
• Morris v. City OF Danville
  744 F.2d 1041· 4th Cir.· 1984-09-26 ·cited 12×
  The court held that the City Manager's prior involvement in the termination process did not, by itself, disqualify him as an impartial decisionmaker for due process purposes. The court vacated the district court's order and remanded for further proceedings.
• Collins v. King
  743 F.2d 248· 5th Cir.· 1984-09-24 ·cited 12×
  A prisoner's claim of a biased tribunal in a disciplinary hearing, absent allegations of constitutionally inadequate state post-deprivation remedies, does not state a procedural due process violation under the Fourteenth Amendment.
• Wilson v. Beebe
  743 F.2d 342· 6th Cir.· 1984-08-29 ·cited 12×
  The court held that a negligent deprivation of a liberty interest may form the basis for a claim under 42 U.S.C. § 1983, but disagreed with the majority's finding of negligence liability based on a pendent state claim not properly pleaded.
• Vance Murphy v. The Honorable Scott Matheson
  742 F.2d 564· 10th Cir.· 1984-08-22 ·cited 12×
  The court held that the Utah Drug Paraphernalia Act is not unconstitutionally overbroad as applied to commercial speech and that its vagueness challenge fails due to a scienter requirement and clear statutory factors. However, certain enforcement factors may be unconstitutionally
• Barron Collier v. City OF Springdale
  733 F.2d 1311· 8th Cir.· 1984-05-08 ·cited 12×
  The court held that the availability of adequate state law mechanisms for compensation precludes a claim under 42 U.S.C. § 1983 for a taking of property for public use.
• Chuck R. Patteson v. Ray A.C. Johnson
  721 F.2d 228· 8th Cir.· 1983-11-16 ·cited 12×
  The court held that the employee's speech was not constitutionally protected because it arose from an employment dispute and significantly interfered with the operation of the office and the supervisor's authority.
• Fast v. The Sch. Dist. OF City OF Ladue
  712 F.2d 379· 8th Cir.· 1983-07-28 ·cited 12×
  A plaintiff is not a prevailing party entitled to attorney's fees under 42 U.S.C. § 1983 if they do not succeed on any significant issue which achieves some of the benefit sought.
• Holman v. Hilton
  712 F.2d 854· 3d Cir.· 1983-07-06 ·cited 12×
  A state statute barring prisoners from filing tort claims until release from confinement violates the Due Process Clause of the Fourteenth Amendment if no adequate alternative administrative remedies exist.
• Segarra v. M.J. McDADE
  706 F.2d 1301· 4th Cir.· 1983-04-26 ·cited 12×
  A prison official's systematic and arbitrary prohibition of an inmate's right to call live witnesses in disciplinary hearings violates due process, even if the official has discretion to deny witnesses in specific cases.
• Lamar Outdoor Advertising, Inc. v. Miss. State TAX Comm'n
  701 F.2d 314· 5th Cir.· 1983-03-11 ·cited 12×
  Mississippi's near-total ban on liquor advertising by intrastate media is an unconstitutional abridgment of commercial speech rights, as the advertising does not propose an illegal transaction and the ban is not narrowly tailored to address misleading information or promote illeg
• Montgomery v. Boshears
  698 F.2d 739· 5th Cir.· 1983-02-22 ·cited 12×
  A non-tenured university employee has no property interest in continued employment and cannot claim a liberty interest or First Amendment retaliation if the university shows independent, compelling reasons for non-renewal.
• Odis Best v. Boswell
  696 F.2d 1282· 11th Cir.· 1983-01-31 ·cited 12×
  The court affirmed the district court's rulings, holding that while a statute permitting suspension without a hearing is unconstitutional, the post-termination hearing cured any procedural due process violation, and the plaintiff was not a prevailing party for attorney's fees.
• Rivera v. Marcus
  696 F.2d 1016· 2d Cir.· 1982-12-23 ·cited 12×
  The court held that the state must ensure children's best interests are the foremost consideration when removing them from parental care, and parents must have a fair opportunity to participate in hearings concerning custody.
• Truly v. Madison Gen. Hosp.
  673 F.2d 763· 5th Cir.· 1982-04-22 ·cited 12×
  The court held that the hospital's denial of staff privileges was not a violation of procedural due process or the First Amendment, and the findings of fact were not clearly erroneous.
• Parviz Modaber, M.D. v. Culpeper Mem'l Hosp., Inc.
  674 F.2d 1023· 4th Cir.· 1982-03-24 ·cited 12×
  A private hospital's revocation of a physician's clinical staff privileges is not "state action" under the Fourteenth Amendment, even if the hospital receives federal funding, treats Medicare/Medicaid patients, or reports revocations to state authorities.
• Scott v. Walker
  378 So. 2d 828· Fla. 2d DCA· 1979-12-12 ·cited 12×
  Robert Scott appeals the denial of his motion to vacate a class-action judgment in a mobile home park dispute, arguing inadequate class representation and lack of notice to class members. The appellate court affirms, holding that procedural due process requires adequate represent
• Louise B. v. Aldo Coluatti
  606 F.2d 392· 3d Cir.· 1979-09-28 ·cited 12×
  The court held that the district court erred in dismissing the confidentiality and procedural due process claims, finding jurisdiction under 28 U.S.C. § 1331 and pendent jurisdiction, and that the procedural due process claim was not foreclosed by Arnett v. Kennedy.
• Inez Chavez v. The City OF Santa FE Hous. Auth. & Emilia M. Martinez
  606 F.2d 282· 10th Cir.· 1979-09-24 ·cited 12×
  The court held that tenants of a housing authority have a protected property interest in continuing to receive housing benefits without unwarranted damage assessments, thus implicating due process protections.
• Anibal Sotto v. Louie L. Wainwright
  601 F.2d 184· 5th Cir.· 1979-08-22 ·cited 12×
  The court held that Florida's Rule of Criminal Procedure 3.800(b), as applied, did not violate the Constitution, and the district court erred in granting habeas corpus relief.
• Campbell v. Vetter
  375 So. 2d 4· Fla. 4th DCA· 1979-05-16 ·cited 12×
  The City of Hollywood appealed a circuit court's reversal of a Civil Service Board decision that upheld a police officer's discharge. The appellate court held that the circuit court's reversal without a written opinion violated proper review standards and remanded for the circuit
• Francine Newman v. The Bd. OF Educ. OF the City Sch. Dist. OF NEW York
  594 F.2d 299· 2d Cir.· 1979-02-21 ·cited 12×
  The court held that a tenured teacher denied access to medical reports used to place her on involuntary leave for mental unfitness was denied procedural due process. However, her refusal to submit to a subsequent medical examination precluded claims for damages after that point.
• Schleper v. Ford Motor Co.
  585 F.2d 1367· 8th Cir.· 1978-10-23 ·cited 12×
  The court held that the district court lacked authority to find the attorney in contempt under Fed.R.Civ.P. 37 because no order compelling discovery was issued, and under Fed.R.Crim.P. 42(b) because the attorney was not given adequate notice and opportunity to be heard.
• Johnson v. Lefkowitz
  566 F.2d 866· 2d Cir.· 1977-12-14 ·cited 12×
  The court held that New York's mandatory retirement law for tenured civil service employees at age 70 is constitutional, serving legitimate state interests in efficiency and economy.
• Main Road v. Aytch
  565 F.2d 54· 3d Cir.· 1977-10-14 ·cited 12×
  Prison regulations banning group press conferences are not unconstitutional, but inmates are entitled to a declaratory judgment recognizing the procedural changes achieved through litigation.
• Leonard v. The City OF Columbus
  551 F.2d 974· 5th Cir.· 1977-05-09 ·cited 12×
• Aldens, Inc. v. Bronson C. LaFOLLETTE
  552 F.2d 745· 7th Cir.· 1977-03-25 ·cited 12×
  The application of the Wisconsin Consumer Act to an out-of-state mail-order retailer is constitutional under the Commerce Clause and Due Process Clause.
• Sparkman v. McFARLIN
  552 F.2d 172· 7th Cir.· 1977-03-23 ·cited 12×
  A state court judge who orders the sterilization of a minor without statutory or common law authority and without procedural due process acts extrajudicially and is not entitled to judicial immunity.
• Tatum v. Mathews
  541 F.2d 161· 3d Cir.· 1976-09-02 ·cited 12×
  The court held that while recipients had a property interest entitling them to a pre-termination hearing, retroactive benefits were barred by sovereign immunity as the SSI statute did not mandate them.
• Sch. Bd. OF Leon Cnty. v. Goodson
  335 So. 2d 308· Fla. 1st DCA· 1976-06-30 ·cited 12×
  A public employee's hope or expectation of continued employment does not create a constitutionally protected property interest; a legitimate claim of entitlement is required.
• Phillips v. Money
  503 F.2d 990· 7th Cir.· 1974-09-13 ·cited 12×
  Detention of a vehicle by a private mechanic pursuant to a common law or statutory lien does not constitute state action under the Fourteenth Amendment, and therefore cannot form the basis for a claim under 42 U.S.C. § 1983.
• Eartha L. ST. ANN v. Palisi
  495 F.2d 423· 5th Cir.· 1974-06-06 ·cited 12×
  A school regulation that allows children to be suspended for their parents' misconduct violates the substantive due process guarantee of the Fourteenth Amendment because punishment must be based on personal guilt.
• Tollett v. Laman
  497 F.2d 1231· 8th Cir.· 1974-06-03 ·cited 12×
  The court held that the revocation of the plaintiff's trailer park license without proper notice violated his due process rights, requiring remand for determination of damages. Claims regarding fire investigation and electrical service termination were properly dismissed.
• Wilson Clinic & Hosp., Inc. v. Blue Cross OF South Carolina
  494 F.2d 50· 4th Cir.· 1974-03-14 ·cited 12×
  The court held that the Secretary's actions in recouping Medicare overpayments did not violate due process because the hospital was afforded adequate notice and opportunity for a hearing.
• Nurnberg v. Froehlke
  489 F.2d 843· 2d Cir.· 1973-12-28 ·cited 12×
  The court held that there was a basis in fact to support the Army's finding that the petitioner's conscientious objector beliefs had matured prior to his enlistment, and that the lower court erred in imposing a higher burden of proof on the Army.
• Stewart v. Pearce
  484 F.2d 1031· 9th Cir.· 1973-09-17 ·cited 12×
  The court held that an order for a psychiatric examination of a college instructor, stemming from his protest activities, was constitutionally invalid without prior notice and a hearing, thus violating his due process rights.
• Horton C. Weiss v. Waldon C. Burr
  484 F.2d 973· 9th Cir.· 1973-05-21 ·cited 12×
  The majority erred in reversing the trial court's contempt finding based on a point not properly raised or briefed.
• Wilmer K. Calvin, Jr. v. Rupp
  471 F.2d 1346· 8th Cir.· 1973-01-08 ·cited 12×
  A public school teacher's non-reemployment does not violate due process unless it deprives them of a constitutionally protected property or liberty interest, or is based on impermissible reasons like retaliation for exercising free speech rights.