Procedural Due Process

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

• First City Sav. Corp. OF Tex. v. S & B P'rs
  548 So. 2d 1156· Fla. 5th DCA· 1989-08-10 ·cited 10×
  First City Savings and Florida Land Company sought rezoning approval in Orange County for more commercial use. The county commission approved the rezoning, but S & B Partners challenged it in circuit court via certiorari petition, raising arguments about lack of written authoriza
• Mester Mfg. Co. v. Immigr. & Naturalization Serv.
  879 F.2d 561· 9th Cir.· 1989-06-23 ·cited 10×
  The court held that Mester Manufacturing Co. violated the Immigration Reform and Control Act (IRCA) by knowingly continuing to employ unauthorized aliens, and that the administrative process and statute were constitutional. The court affirmed the administrative law judge's order.
• Tenoco OIL Co., Inc. v. Dep't OF Consumer Affairs & Pedro Ortiz-Alvarez
  876 F.2d 1013· 1st Cir.· 1989-06-02 ·cited 10×
  The court held that the district court's injunction was vacated because the price regulations were not yet ripe for constitutional review, as the plaintiffs failed to exhaust administrative remedies.
• Lanier v. Fair
  876 F.2d 243· 1st Cir.· 1989-06-01 ·cited 10×
  The court held that while inmates have a liberty interest in remaining at a halfway house due to particularized state standards, the process afforded to Lanier was adequate. The court also held that Lanier did not have a constitutionally protected liberty interest in his reserve
• Harris v. Lt. Dennis R. Davis
  874 F.2d 461· 7th Cir.· 1989-05-08 ·cited 10×
  The court held that the admission of inflammatory evidence in a prisoner civil rights case was not harmless error, as it prejudiced the plaintiff's credibility.
• Kolek v. Engen
  869 F.2d 1281· 9th Cir.· 1989-03-09 ·cited 10×
  The court held that it has jurisdiction to hear the appeal, even though it was initially filed in the district court, and that the NTSB's order affirming the revocation of the pilot's certificate was not an abuse of discretion.
• Wofford v. Glynn Brunswick Mem'l Hosp.
  864 F.2d 117· 11th Cir.· 1989-01-23 ·cited 10×
  The court held that an internal personnel manual did not create a constitutionally protected property interest for at-will employees, as state law governs the creation of such interests and Georgia law generally permits at-will termination.
• RAY A. Scharer & Co., Inc. v. Plabell Rubber Prods., Inc.
  858 F.2d 317· 6th Cir.· 1988-09-27 ·cited 10×
  The court held that the district court erred in imposing sanctions and attorney's fees without a definitive finding of bad faith or conduct tantamount to bad faith, and without affording adequate notice and opportunity to be heard.
• Kendrix M. Easley v. Univ. OF Mich. Bd. OF Regents
  853 F.2d 1351· 6th Cir.· 1988-08-11 ·cited 10×
  The court held that while the district court's rulings on the merits were not erroneous, a remand was necessary for an evidentiary hearing to determine if the judge's affiliations with the law school created an appearance of partiality, requiring disqualification.
• Easter House v. Felder
  852 F.2d 901· 7th Cir.· 1988-07-08 ·cited 10×
  The court held that a random and unauthorized intentional deprivation of property by state employees does not violate the Fourteenth Amendment if meaningful post-deprivation remedies are available in state court.
• P. Sidney Neuwirth, D.D.S. v. La. State Bd. OF Dentistry
  845 F.2d 553· 5th Cir.· 1988-05-23 ·cited 10×
  The dissenting judge argues that the majority opinion unnecessarily reached the merits of the case, which should have been dismissed due to a pleading defect.
• Campo v. The NEW York City Emps'. Ret. Sys. & The City of N.Y.
  843 F.2d 96· 2d Cir.· 1988-03-31 ·cited 10×
  The availability of state court remedies, specifically Article 78 proceedings, satisfies the procedural due process requirements of the Fourteenth Amendment, even if an administrative hearing was not provided.
• Damien Marino v. Ameruso
  837 F.2d 45· 2d Cir.· 1988-01-08 ·cited 10×
  The court held that the availability of adequate state procedures to correct an administrative law judge's evidentiary error means a plaintiff has not been denied procedural due process.
• Chrupcala v. Heckler
  829 F.2d 1269· 3d Cir.· 1987-09-28 ·cited 10×
  The court held that the Secretary of Health and Human Services could not expand the scope of review beyond issues raised by the claimant when remanding a case, and that the medical improvement standard applied to the termination of benefits.
• Braden L. Albert v. Carovano
  824 F.2d 1333· 2d Cir.· 1987-07-21 ·cited 10×
  The court held that the district court erred in dismissing the students' claims for failure to establish state action, finding sufficient evidence to raise a factual dispute regarding whether the state coerced or significantly encouraged the college's disciplinary actions.
• Tillie Nicholson v. Gant
  816 F.2d 591· 11th Cir.· 1987-05-07 ·cited 10×
  The court held that a public employee with permanent status under a county handbook has a property interest in continued employment, entitling them to due process, and that terminating an employee for refusing to engage in political speech violates the First Amendment.
• Carolan v. City OF Kan. City
  813 F.2d 178· 8th Cir.· 1987-03-06 ·cited 10×
  The court held that appellants did not have a constitutionally protected property interest in the occupancy certificate because they failed to comply with the requirements for its issuance, thus affirming summary judgment.
• Elder v. Highlands Cnty. Bd. of Cnty. Comm'rs
  497 So. 2d 1334· Fla. 2d DCA· 1986-11-26 ·cited 10×
  A county is a 'person' subject to suit under 42 U.S.C. § 1983, and the trial court erred in dismissing the claim without proper analysis of Monell.
• The Yachting Arcade, Inc. v. Riverwalk Condo. Assoc. Inc.
  500 So. 2d 202· Fla. 1st DCA· 1986-09-16 ·cited 10×
  The court held that the appellant waived procedural objections by failing to raise them below and failed to rebut evidence regarding navigational hazards.
• Westborough Mall, Inc. v. City OF Cape Girardeau
  794 F.2d 330· 8th Cir.· 1986-06-17 ·cited 10×
  The court held that erroneous jury instructions regarding the automatic reverter, the availability of post-deprivation remedies, and the definition of "official policy" prejudiced the appellants' procedural due process claim, requiring reversal.
• Fitzgerald v. Williamson
  787 F.2d 403· 8th Cir.· 1986-03-26 ·cited 10×
  The court held that the defendants' actions, even if intended to terminate the parental relationship, did not violate the plaintiffs' substantive or procedural due process rights because the juvenile court procedures were substantially complied with and state law provided adequat
• United States v. Glynn Batson & Southplains Land Corp.
  782 F.2d 1307· 5th Cir.· 1986-02-18 ·cited 10×
  The court held that administrative determinations regarding cotton subsidy overpayments are final and not subject to judicial review unless the agency violated its own regulations, and that prejudgment interest should be awarded from the date of the payments, not the final admini
• Booker v. City OF Atlanta
  776 F.2d 272· 11th Cir.· 1985-11-15 ·cited 10×
  Summary judgment for the city is reversed because the officer's involvement may constitute state action and the city's actual practice might facilitate repossessions despite stated neutrality. Summary judgment for the officer is affirmed due to his good faith immunity.
• In re Three Mile Island Alert, Inc. v. United States Nuclear Regulatory Comm'n
  771 F.2d 720· 3d Cir.· 1985-08-27 ·cited 10×
  The court held that the Commission's order lifting the shutdown of TMI-1 was not arbitrary, capricious, or contrary to law, and that the proceedings did not violate Section 189(a) of the Atomic Energy Act.
• L & H Sanitation, Inc. v. Lake City Sanitation, Inc.
  769 F.2d 517· 8th Cir.· 1985-08-09 ·cited 10×
  The court held that the state action immunity doctrine barred the antitrust claims and that the appellants failed to state a due process claim because they lacked a protected property interest under Arkansas law.
• Jolly v. United States
  764 F.2d 642· 9th Cir.· 1985-06-25 ·cited 10×
  The court held that a taxpayer's blanket assertion of the Fifth Amendment privilege against self-incrimination on a tax return is frivolous under 26 U.S.C. § 6702, and the requirement to pay 15% of the penalty before seeking review does not violate due process.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• O'Neal v. City OF HOT Springs Nat'l Park
  756 F.2d 61· 8th Cir.· 1985-02-28 ·cited 10×
  The court held that the city did not violate the employee's substantive or procedural due process rights by terminating her employment after she was charged with armed robbery, and that she was not entitled to damages or attorney fees.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Teresa Diane P. v. Alief Indep. Sch. Dist.
  744 F.2d 484· 5th Cir.· 1984-10-22 ·cited 10×
  The court held that Diane's claim, asserting a constitutional right infringement by conditioning education on parental counseling, is not an independent constitutional claim but rather an assertion that the state misread the EAHCA. Such claims are not cognizable under 42 U.S.C. §
• The Terson Co., Inc. v. Bakery Drivers & Salesmen Local 194 & Indus. Pension Fund. Appeal of The Terson Co., Inc.
  739 F.2d 118· 3d Cir.· 1984-07-05 ·cited 10×
  The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) is constitutional and its dismissal of Terson's complaint was proper.
• Hinkle v. Christensen
  733 F.2d 74· 8th Cir.· 1984-05-02 ·cited 10×
  The court held that the evidence was sufficient to support the jury's finding that the teacher was dismissed due to her union activities, and that the district court did not err in denying the school district's motions for a directed verdict and judgment notwithstanding the verdi
• Washington v. Sec'y of Health & Human Servs.
  718 F.2d 608· 3d Cir.· 1983-10-11 ·cited 10×
  The court held that terminating disability payments for incarcerated felons not participating in approved rehabilitation programs does not violate due process or equal protection.
• Dalton v. T.D. Hutto
  713 F.2d 75· 4th Cir.· 1983-08-03 ·cited 10×
  A prison guideline that prohibits an inmate from calling witnesses who will not voluntarily appear violates due process because it effectively denies the inmate's right to call witnesses.
• Bowens v. N.C. Dep't OF Human Res. & Dr. Sarah Morrow
  710 F.2d 1015· 4th Cir.· 1983-06-23 ·cited 10×
• GUY v. Mohave Cnty.
  701 F.2d 73· 9th Cir.· 1982-09-29 ·cited 10×
  The court held that former sheriffs deputies classified as employees terminable at will, based on Arizona law and county regulations, did not possess a property interest in continued employment sufficient to trigger Fourteenth Amendment due process rights to a termination hearing
• Combs v. State
  420 So. 2d 316· Fla. 5th DCA· 1982-09-01 ·cited 10×
  Petitioner seeks a writ of certiorari to review a circuit court's affirmance of a county court DWI conviction on grounds that statements made to a police officer investigating an accident were improperly admitted. The appellate court holds that certiorari is not the proper vehicl
• Moss J. Witt v. The United States
  681 F.2d 1144· 9th Cir.· 1982-07-20 ·cited 10×
  The court held that the eligibility standards for Indian land allotments based on Dawes Commission rolls are constitutional, and summary judgment for the plaintiff who failed to meet them was proper. However, the dismissal of a pro se litigant for failing to file a memorandum was
• Charter House Ins. Brokers, Ltd. v. NEW Hampshire Ins. Co.
  667 F.2d 600· 7th Cir.· 1981-12-10 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's suit as a sanction for willful failure to comply with discovery requests.
• Kilcoyne v. Morgan
  664 F.2d 940· 4th Cir.· 1981-11-27 ·cited 10×
  The court held that deviations from gratuitously provided procedural safeguards do not give rise to a constitutional claim under Section 1983, and that state law breach of contract claims were barred by sovereign immunity as it existed prior to its abrogation.
• Wxyz, Inc. v. Hand
  658 F.2d 420· 6th Cir.· 1981-08-19 ·cited 10×
  The court held that a Michigan statute mandating suppression orders for details of alleged sex offenses and the suppression order itself, issued without judicial inquiry into necessity, violate the First Amendment.
• Stephens v. State
  399 So. 2d 1106· Fla. 5th DCA· 1981-06-24 ·cited 10×
  Appellate court reversed denial of Rule 3.850 motion for post-conviction relief because trial court failed to either hold an evidentiary hearing or attach case file portions refuting the involuntary guilty plea allegation.
• Hussey v. Sullivan
  651 F.2d 74· 1st Cir.· 1981-06-19 ·cited 10×
  The court held that the plaintiff's civil rights action was barred by the most analogous state statute of limitations, which required filing within six months of the alleged illegal act.
• State of Fla. Dep't OF Hwy. Safety & Motor Vehicles v. Zimmer
  398 So. 2d 463· Fla. 4th DCA· 1981-04-22 ·cited 10×
  The Florida Department of Highway Safety and Motor Vehicles appealed a Career Service Commission decision that reinstated a dismissed Highway Patrol officer. The court reversed, holding that a public employer may require an employee to submit to a polygraph examination during an
• Carnation Co. v. Secretary OF Labor
  641 F.2d 801· 9th Cir.· 1981-04-09 ·cited 10×
  The court held that the Secretary's failure to consider plant-wide economic feasibility and allow Carnation to present rebuttal evidence constituted a denial of due process, but that the agency's deviation from its manual did not warrant suppression of evidence.
• Pilkington v. Bevilacqua
  632 F.2d 922· 1st Cir.· 1980-10-23 ·cited 10×
  The court held that while the district court has discretion in awarding attorney's fees, a heightened standard of scrutiny is required when awarding fees to a former law clerk to avoid the appearance of impropriety.
• Art Hayward, Jr. v. Procunier
  629 F.2d 599· 9th Cir.· 1980-10-03 ·cited 10×
  State prisoners' constitutional rights to procedural due process and freedom from cruel and unusual punishment were not violated by a five-month prison lockdown imposed due to gang violence and killings.
• Block v. Potter
  631 F.2d 233· 3d Cir.· 1980-09-23 ·cited 10×
  The court held that the Virgin Islands Parole Statute does not create a liberty interest in parole, and therefore due process protections do not attach to parole denials. The court also found that denying parole based on a prisoner's advantageous social and economic background, a
• Hitt v. N. Broward Hosp. Dist.
  387 So. 2d 482· Fla. 4th DCA· 1980-08-20 ·cited 10×
  Joyce Hitt, a registered nurse who provided private duty nursing services at a public hospital for 31 years as an independent contractor, appeals the dismissal of her complaint after the hospital revoked her privileges allegedly in retaliation for posting union-related fliers. Th
• Dieffenbach v. Attorney General OF Vermont
  604 F.2d 187· 2d Cir.· 1979-08-08 ·cited 10×
  Vermont's strict foreclosure laws and statute requiring leave to appeal are constitutional under rational relationship tests and do not violate due process or equal protection. A party previously determined to have litigated an issue in state court is collaterally estopped from r