Procedural Due Process

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

• Newell v. State
  875 So. 2d 747· Fla. 2d DCA· 2004-06-16 ·cited 8×
  John D. Newell appealed his conviction for failing to register as a sexual offender under Florida law, challenging the constitutionality of the registration statute on procedural and substantive due process grounds. The Florida appellate court affirmed the conviction, rejecting b
• Spears v. Dept. of Agric. & Consumer Servs.
  858 So. 2d 1100· Fla. 5th DCA· 2003-10-17 ·cited 8×
• Hartford Ins. Co. OF THE Midwest v. O'Connor
  855 So. 2d 189· Fla. 5th DCA· 2003-09-12 ·cited 8×
  The circuit court did not depart from the essential requirements of law by reversing summary judgment, as a material issue of fact existed regarding the rescission of the assignment.
• Wimbush v. Pasco Cnty. Sheriff's Off.
  829 So. 2d 296· Fla. 2d DCA· 2002-10-18 ·cited 8×
  Wimbush sought certiorari review of a county court's dismissal of his replevin complaint as barred by the statute of limitations, and its subsequent dismissal of his motion for rehearing as untimely served. Although the appellate court found the county court misapplied the mailbo
• Dominique Rader v. Allstate Ins. Co.
  789 So. 2d 1045· Fla. 4th DCA· 2001-06-06 ·cited 8×
  Dominique Rader sought certiorari review of a circuit court's affirmance of dismissal of her complaint for personal injury protection (PIP) benefits against Allstate Insurance Company. The Fourth District Court of Appeal denied the petition, holding that Rader failed to allege ac
• Guillermina Apolinar v. Fla. Unemployment Appeals Comm'n & Prof'l Emp. Mgmt., Inc.
  710 So. 2d 199· Fla. 2d DCA· 1998-05-01 ·cited 8×
  Apolinar appeals the Unemployment Appeals Commission's dismissal of her appeal from a referee's decision for failure to prosecute. The UAC dismissed her appeal as untimely filed, but the court reverses because the UAC failed to provide Apolinar, who has limited English proficienc
• Paedae v. Escambia Cnty.
  709 So. 2d 575· Fla. 1st DCA· 1998-03-13 ·cited 8×
  The Paedaes challenged a summary judgment dismissing their federal civil rights and state law claims for damages after Escambia County denied them the right to use their property for mobile homes. The court held that neither a federal substantive due process claim nor a state cau
• Myron Fleming v. State
  709 So. 2d 135· Fla. 2d DCA· 1998-01-23 ·cited 8×
• Lady J. Lingerie, Inc. v. City of Jacksonville
  973 F. Supp. 1428· M.D. Fla.· 1997-08-26 ·cited 8×
  The court held that the city's ordinances, while regulating adult entertainment, did not violate procedural due process and provided sufficient alternative avenues for communication. The court also found that nude dancing is expressive conduct protected by the First Amendment.
• Vukadinovich v. Bd. OF Sch. Trs. OF the Mich. City Area Schs.
  978 F.2d 403· 7th Cir.· 1992-10-30 ·cited 8×
  The court held that the plaintiff's termination and subsequent treatment did not violate his constitutional rights to free speech or due process.
• Gorman v. Renault Robinson
  977 F.2d 350· 7th Cir.· 1992-10-09 ·cited 8×
  The court held that it lacked jurisdiction over the defendants' factual arguments regarding the First Amendment claim but found their qualified immunity arguments on that claim to be without merit; for the due process claim, the court found a property interest existed and that fa
• Pennington v. Keene
  599 So. 2d 266· Fla. 2d DCA· 1992-05-27 ·cited 8×
• Nidia Gutierrez-Rogue v. Immigr. & Naturalization Serv.
  954 F.2d 769· D.C. Cir.· 1992-02-04 ·cited 8×
  The court held that the petitioner's due process claim was premature because the administrative reopening procedure provides an adequate opportunity to challenge facts officially noticed by the Board of Immigration Appeals.
• Bolden v. Se. Pa. Transp. Auth.
  953 F.2d 807· 3d Cir.· 1991-12-31 ·cited 8×
  The dissenting judge believes the Eleventh Amendment bars the action against SEPTA.
• Smith v. Shettle
  946 F.2d 1250· 7th Cir.· 1991-10-24 ·cited 8×
  The court held that Indiana Code § 11-10-1-7(a) does not create a protected liberty interest because it lacks the 'explicitly mandatory language' required by Supreme Court precedent.
• Atorie AIR, Inc. v. Fed. Aviation Admin.
  942 F.2d 954· 5th Cir.· 1991-09-30 ·cited 8×
  The court held that Atorie's claims under the Federal Tort Claims Act were barred by statutory exceptions, its substantive due process claim failed to state a claim, and Atorie waived its procedural due process rights by intentionally foregoing judicial review.
• Miller v. Campbell Cnty.
  945 F.2d 348· 10th Cir.· 1991-09-24 ·cited 8×
  The court held that the Fifth Amendment takings claim was not ripe for review and that the Fourteenth Amendment due process claims were adequately addressed by the Just Compensation Clause and available post-deprivation remedies, affirming the district court's grant of summary ju
• Elks Nat'l Found. v. Weber
  942 F.2d 1480· 9th Cir.· 1991-08-29 ·cited 8×
  Federal district courts lack subject matter jurisdiction over challenges to state court decisions, even if constitutional claims are alleged, and such claims are barred by res judicata if the issues were considered and decided by the state courts.
• Woods v. City OF Mich. City
  940 F.2d 275· 7th Cir.· 1991-08-15 ·cited 8×
  A state statute creating a right to release does not, by itself, create a federal constitutional right to a pre-deprivation hearing when that right is allegedly violated.
• Ezekwo v. NYC Health & Hosps. Corp.
  940 F.2d 775· 2d Cir.· 1991-08-01 ·cited 8×
  The court held that a medical resident's interest in serving as chief resident was not a constitutionally protected property interest, and even if it were, the process afforded was sufficient.
• Pearson v. Fair
  935 F.2d 401· 1st Cir.· 1991-06-03 ·cited 8×
  The court held that the consent decrees and constitutional clauses did not require the application of specific clinical standards to patient sequestration, and affirmed the district court's decisions on the sequestration dispute and MPU controversy, but vacated the attorneys' fee
• Saukstelis v. City OF Chicago
  932 F.2d 1171· 7th Cir.· 1991-05-16 ·cited 8×
  The court held that Chicago's use of the Denver boot to immobilize vehicles with multiple unpaid parking tickets does not violate due process, as sufficient notice and opportunity for hearing are provided.
• E. Jefferson Coal. FOR Leadership & Dev. v. Parish OF Jefferson
  926 F.2d 487· 5th Cir.· 1991-03-21 ·cited 8×
  The court held that the district court did not err in finding that the Parish's electoral system violated Section 2 of the Voting Rights Act and affirmed the judgment, remanding for implementation of the redistricting plan.
• Allied Educ. Corp. v. State
  573 So. 2d 959· Fla. 1st DCA· 1991-01-18 ·cited 8×
  Allied Education Corporation challenged a cease and desist order issued by the Board of Independent Postsecondary Vocational Schools that effectively shut down its Barclay Career School without providing required procedural safeguards. The court held that while the statute author
• Smith v. Town OF Eaton
  910 F.2d 1469· 7th Cir.· 1990-08-21 ·cited 8×
  The court affirmed the district court's grant of summary judgment, finding the appellant's constitutional claims lacked merit and imposing sanctions on his counsel for a substandard brief.
• Harris v. State
  563 So. 2d 97· Fla. 1st DCA· 1990-04-16 ·cited 8×
  The court held that Florida Statutes section 212.0505 is constitutional and does not violate the Fourth, Fifth, or Fourteenth Amendments.
• Simpson v. Pittsburgh Corning Corp.
  901 F.2d 277· 2d Cir.· 1990-04-16 ·cited 8×
  Successive punitive damages awards do not inherently violate due process if the defendant fails to establish an adequate record demonstrating that prior awards fully punished the conduct or that aggregate awards have reached a constitutional limit.
• Clark v. Twp. OF Falls & James Kettler
  890 F.2d 611· 3d Cir.· 1989-11-22 ·cited 8×
  The court held that the jury's finding of a procedural due process violation could not be sustained because the plaintiff failed to demonstrate a protected property or liberty interest, and thus the district court erred in denying the motion for judgment notwithstanding the verdi
• Lebbos v. Judges OF the Superior Court
  883 F.2d 810· 9th Cir.· 1989-08-28 ·cited 8×
  The court held that abstention under the Younger doctrine was appropriate for claims seeking injunctive and declaratory relief, but not for claims seeking damages under 42 U.S.C. § 1983. Betsey Lebbos's due process claims were allowed to proceed.
• Chalkboard, Inc. v. Brandt
  879 F.2d 668· 9th Cir.· 1989-07-13 ·cited 8×
  The court held that state officials were not entitled to absolute immunity for summarily suspending a day care license because their actions did not align with statutorily defined judicial or prosecutorial functions, and qualified immunity was not warranted on the undisputed fact
• Peduto v. City OF N. Wildwood
  878 F.2d 725· 3d Cir.· 1989-06-29 ·cited 8×
  Applying New Jersey's claim preclusion rules to bar federal claims previously litigated in state court does not violate due process if the state court provided a full and fair opportunity to litigate those claims.
• Martin v. Guillot
  875 F.2d 839· 11th Cir.· 1989-06-14 ·cited 8×
  The court held that the university's administrative staff member received adequate procedural due process and that the termination decision was supported by substantial evidence, thus denying reinstatement. The court reversed the contempt finding and sanction against the universi
• Rankin v. Indep. Sch. Dist. NO. I-3
  876 F.2d 838· 10th Cir.· 1989-06-02 ·cited 8×
  The court held that an Oklahoma statute requiring tenured teachers to pay half the cost of a due process hearing is facially unconstitutional as it imposes an impermissible burden on the right to due process, and that the plaintiff presented sufficient evidence of protected speec
• Price v. Brittain
  874 F.2d 252· 5th Cir.· 1989-05-31 ·cited 8×
  The court held that while some of the employee's external communications were protected speech, his internal disruptive statements were not, and the employer's qualified immunity protected against due process claims. Furthermore, the court found no private right of action under 4
• Lundblad v. Celeste
  874 F.2d 1097· 6th Cir.· 1989-05-04 ·cited 8×
  The court's majority opinion found that plaintiff stated a claim under the Equal Protection Clause and Due Process Clause, and that sanctions against counsel were not immediately appealable. The dissenting judge disagrees with the majority's treatment of the equal protection and
• Owens v. Dewitt Treder
  873 F.2d 604· 2d Cir.· 1989-04-20 ·cited 8×
  The dissenting judge holds that the appellant is barred from relitigating the issue of police coercion in obtaining his confession because the state appellate court's decision was unambiguous in rejecting the claim on the merits.
• Arnaud v. Odom
  870 F.2d 304· 5th Cir.· 1989-04-19 ·cited 8×
  The court held that parents do not possess a constitutionally protected property or liberty interest in the bodies of their deceased children that would support a § 1983 claim when adequate state post-deprivation remedies exist for procedural due process claims, and no such subst
• Fred and Bonita Bensch v. Metro. Dade Cnty.
  541 So. 2d 1329· Fla. 3d DCA· 1989-04-18 ·cited 8×
  The court held that the plaintiffs failed to properly allege a constitutional taking of their property due to zoning enactments or flooding, and thus their claims were properly dismissed.
• Fraternal Order OF Police v. Tucker
  868 F.2d 74· 3d Cir.· 1989-02-17 ·cited 8×
  The court held that while officers had a reasonable suspicion for urinalysis, they were denied procedural due process by not being informed of the evidence against them and not being given an adequate opportunity to respond to dismissal charges. The court also found that the pres
• Goichman v. City OF Aspen
  859 F.2d 1466· 10th Cir.· 1988-10-24 ·cited 8×
  The court held that the availability of a hearing to adjudicate the underlying parking violation satisfies due process, and thus, no additional hearing was required for the towing and impoundment of the vehicle. The court also held that the plaintiff was not a prevailing party en
• Edwards v. Jewish Hosp. OF ST. Louis
  855 F.2d 1345· 8th Cir.· 1988-09-02 ·cited 8×
  An employer violates 42 U.S.C. § 1981 if race is a substantial or motivating factor in a discharge, even if the employer would have made the same decision absent discrimination; however, the employer may avoid reinstatement or back pay by proving the same decision would have been
• Smith v. Bd. OF Educ. OF the City OF Chicago
  853 F.2d 517· 7th Cir.· 1988-07-22 ·cited 8×
  The court held that the plaintiff failed to establish a property interest in her employment, and thus could not claim a due process violation, nor did she demonstrate an equal protection violation.
• DOE v. Elbert Austin
  848 F.2d 1386· 6th Cir.· 1988-06-15 ·cited 8×
  The court held that Kentucky's statutory scheme for involuntary civil commitment of mentally retarded adults, as amended, violates due process and equal protection by failing to provide adequate procedural safeguards, including a judicial hearing prior to commitment. However, the
• City OF W. Palm Beach Zoning Bd. OF Appeals & the City of W. Palm Beach v. Educ. Dev. Ctr., Inc.
  526 So. 2d 775· Fla. 4th DCA· 1988-06-15 ·cited 8×
  The Florida Fourth District Court of Appeal again reversed a circuit court's reversal of a zoning board's denial of a preschool use variance in a residential area, holding that the circuit court improperly reweighed evidence and substituted its judgment for the zoning board's whe
• Black v. Broward Employment AND Training Administration
  846 F.2d 1311· 11th Cir.· 1988-06-10 ·cited 8×
  The pursuit of federal administrative remedies under CETA did not toll the statute of limitations for a subsequent 42 U.S.C. § 1983 action because the relevant statute and regulations clearly indicated no exhaustion requirement for non-CETA claims.
• Newsome v. Batavia Local Sch. Dist.
  842 F.2d 920· 6th Cir.· 1988-03-30 ·cited 8×
  The court held that while a student's right to procedural due process was not violated by the denial of cross-examination of accusers or administrators, it was violated by the consideration of undisclosed evidence during deliberations.
• Hans Bothke v. Fluor Eng'rs & Constructors, Inc.
  834 F.2d 804· 9th Cir.· 1987-12-16 ·cited 8×
  A taxpayer has no constitutional right to a pre-levy hearing on tax liability, and therefore cannot state a Bivens claim for alleged due process violations arising from a levy without such a hearing.
• Thompson v. Commonwealth OF Ky.
  833 F.2d 614· 6th Cir.· 1987-11-19 ·cited 8×
  The court held that the prison's visitation policy, as written, did not create a liberty interest enforceable beyond the district court's traditional power to enforce its orders.
• Robinson v. Boyer
  825 F.2d 64· 5th Cir.· 1987-08-21 ·cited 8×
  The court held that a plaintiff who received full back wages for the remainder of his contract term suffered no damages from his termination, rendering his constitutional claims moot. Furthermore, the plaintiff had no reasonable expectation of continued employment beyond his cont
• Sheley v. Dugger
  824 F.2d 1551· 11th Cir.· 1987-08-21 ·cited 8×
  The court held that the inmate's claims of procedural due process, Eighth Amendment, substantive due process, and equal protection violations were without merit, emphasizing deference to prison administrators' decisions.