Procedural Due Process

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

• Arenal v. City of Punta Gorda
  932 F. Supp. 1406· M.D. Fla.· 1996-07-17 ·cited 6×
  The court held that a suspension with pay can constitute an injury in fact for standing purposes and that a public employee's speech on matters of public concern, even if related to employment duties, can be protected by the First Amendment. The court also found that a municipali
• Philbrick v. Cnty. OF Volusia
  668 So. 2d 341· Fla. 5th DCA· 1996-02-23 ·cited 6×
  Michael Philbrick appeals the circuit court's denial of his petition for writ of certiorari challenging his termination from the Volusia County Sheriff's Office. The appellate court affirms the circuit court's decision, holding that the county manager properly exercised discretio
• Fosman v. State
  664 So. 2d 1163· Fla. 4th DCA· 1995-12-27 ·cited 6×
  The Florida Fourth District Court of Appeal upheld a statute requiring HIV testing of persons charged with sexual battery, rejecting the defendant's claims that the mandatory blood test violates Fourth Amendment search protections and the Florida constitutional right to privacy.
• Davis v. Dep't of Hwy. Safety & Motor Vehicles
  660 So. 2d 775· Fla. 1st DCA· 1995-09-18 ·cited 6×
  William Wayne Davis challenged the dismissal of his petition for certiorari review of an administrative decision cancelling his restricted driving privileges. The court held that the circuit court erred in dismissing the petition as untimely, determining that the Department's let
• The Bd. OF Cnty. Comm'rs OF Sarasota Cnty. v. Webber
  658 So. 2d 1069· Fla. 2d DCA· 1995-06-30 ·cited 6×
  The Board of County Commissioners denied a variance to construct on coastal property subject to a setback ordinance. The circuit court quashed the denial, but the appellate court reversed, holding that the Board properly reconsidered its initial approval and that the circuit cour
• D.A.B. Constructors, Inc. v. State
  656 So. 2d 940· Fla. 1st DCA· 1995-05-17 ·cited 6×
  D.A.B. Constructors sought a writ of mandamus to compel the Florida Department of Transportation to reject White Construction's bid as nonresponsible and award the contract to D.A.B. The court held that contractor responsibility determinations based on delinquency must be resolve
• Satalino v. State
  652 So. 2d 1231· Fla. 2d DCA· 1995-04-05 ·cited 6×
  Florida appellate court reversed a juvenile's adult sentence because the trial court failed to make individualized findings of suitability as required by statute, using only a form checklist instead.
• Hernando Cnty. Bd. OF Cnty. Comm'rs v. S.A. Williams Corp.
  630 So. 2d 1155· Fla. 5th DCA· 1993-12-10 ·cited 6×
  The Florida Fifth District Court of Appeal quashed a circuit court order that suspended the Board's revocation of S.A. Williams Corporation's preliminary approval to operate a landfill. The court held that equitable estoppel did not apply because Williams failed to act in good fa
• Crifaci v. Crifaci
  626 So. 2d 287· Fla. 4th DCA· 1993-11-03 ·cited 6×
  Janice Crifaci appeals a modification of her divorce judgment that changed her child visitation rights after her ex-husband moved from Florida to Pennsylvania. The court reverses, holding that the trial judge abused her discretion by denying the mother's continuance motion and re
• Alonso v. Arabel, Inc.
  622 So. 2d 187· Fla. 3d DCA· 1993-08-17 ·cited 6×
  Two unemployed workers challenged the Florida Unemployment Appeals Commission's dismissal of their appeals as untimely, claiming due process violations because all notices were in English despite their inability to read English. The court affirmed, holding that providing notice i
• Brunsman v. Nat'l Rent-A-Fence Co.
  612 So. 2d 719· Fla. 5th DCA· 1993-01-29 ·cited 6×
• Derden v. Sheriff Sammie McNEEL & Attorney Gen. - State of Miss.
  978 F.2d 1453· 5th Cir.· 1992-12-16 ·cited 6×
• Ass'n of Accredited Cosmetology Schs. v. Alexander
  979 F.2d 859· D.C. Cir.· 1992-11-24 ·cited 6×
  The court held that the Student Loan Default Prevention Initiative Act and its implementing regulations are constitutional, not retroactive, and do not violate due process or contract rights.
• K.M.T. v. Dep't of Health & Rehabilitative Servs.
  608 So. 2d 865· Fla. 1st DCA· 1992-10-22 ·cited 6×
  K.M.T., a nursing assistant, appeals an administrative order confirming her as a perpetrator of neglect and placing her name on the elderly abuse registry after she briefly left an elderly patient unattended in a dining room. The court reverses, holding that HRS violated her proc
• Thomson v. Scheid
  977 F.2d 1017· 6th Cir.· 1992-10-19 ·cited 6×
  The court held that the plaintiff's actions and claims did not rise to the level of constitutional violations under § 1983, and therefore, the district court's grant of summary judgment was appropriate.
• In the Interest of S.N.D. and J.D. v. State
  605 So. 2d 1340· Fla. 2d DCA· 1992-10-16 ·cited 6×
  Father's initial waiver of counsel in a dependency proceeding was valid, but the trial court erred by failing to renew the offer of counsel at the disposition hearing as required by Florida Rule of Juvenile Procedure 8.320(b)(3).
• Lockary v. Kayfetz
  974 F.2d 1166· 9th Cir.· 1992-09-09 ·cited 6×
  The court held that a district court may use its inherent power to sanction a legal foundation for misconduct, even if not covered by Rule 11 or § 1927, and affirmed sanctions for failure to plead with specificity and for frivolous antitrust claims. It reversed sanctions for the
• Carlton Johnson v. Webb Thompson, M.D.
  971 F.2d 1487· 10th Cir.· 1992-08-06 ·cited 6×
  The court held that the district court did not err in dismissing the section 504 claim and granting directed verdicts on the section 1983 claims, as the plaintiffs failed to establish discrimination solely based on handicap or provide evidence of constitutional violations.
• Rumford Pharmacy, Inc. v. City OF E. Providence
  970 F.2d 996· 1st Cir.· 1992-07-31 ·cited 6×
  The court held that the plaintiff failed to state a claim for procedural due process violations because it did not allege the unavailability of adequate state remedies, and lacked standing for injunctive relief as its injury was not redressable.
• Washington v. Lake Cnty.
  969 F.2d 250· 7th Cir.· 1992-07-10 ·cited 6×
  After-acquired evidence of an employee's material misrepresentation on an application, discovered after termination, precludes relief for discrimination if the employer can prove it would have made the same employment decision regardless of the protected characteristic.
• Geschwendt v. Ryan
  967 F.2d 877· 3d Cir.· 1992-06-18 ·cited 6×
  The court held that the trial court's failure to explicitly instruct the jury on the option of a verdict of not guilty by reason of insanity did not violate due process, as the jury was presented with lesser included offenses and ultimately convicted of the highest offense, rende
• Rogaciano Gonzales Mendoza v. Blodgett
  960 F.2d 1425· 9th Cir.· 1992-04-01 ·cited 6×
  The court held that while the inmate had a state-created liberty interest in the dry cell policy and was denied due process, prison officials were entitled to qualified immunity. The court also held that the inmate did not have a state-created liberty interest in visitation regul
• McGEE v. Bauer
  956 F.2d 730· 7th Cir.· 1992-02-14 ·cited 6×
  The court affirmed the district court's decisions, holding that the plaintiff failed to preserve his JNOV motion against the Village and that the building inspector was entitled to qualified immunity.
• DOE v. Sullivan Cnty.
  956 F.2d 545· 6th Cir.· 1992-02-10 ·cited 6×
  The court held that the district court erred in granting directed verdicts for certain defendants and in limiting evidence of a felony conviction, but affirmed directed verdicts for other defendants and the jury instructions. The court reversed and remanded for further proceeding
• Pardo v. Hosier
  946 F.2d 1278· 7th Cir.· 1991-10-30 ·cited 6×
  Prison regulations that provide procedural guidelines but do not mandate specific outcomes do not create a constitutionally protected liberty interest for inmates. Attorney's fees awards fall if the underlying judgment is reversed.
• Soldal v. Cnty. OF Cook
  942 F.2d 1073· 7th Cir.· 1991-08-27 ·cited 6×
  The court held that a dispute about premature eviction, even if involving a seizure, should be handled in local housing court rather than federal court under 42 U.S.C. § 1983.
• Archuleta v. The Colo. Dep't OF Insts.
  936 F.2d 483· 10th Cir.· 1991-06-20 ·cited 6×
  The court affirmed the district court's judgment, holding that the plaintiff failed to prove retaliation, that her sex discrimination claim was not reasonably related to her EEOC charge, and that her substantive due process claim failed because adequate post-termination remedies
• Wheaton v. Freddye Webb-Petett
  931 F.2d 613· 9th Cir.· 1991-05-01 ·cited 6×
  The court held that the plaintiff had a constitutionally protected property interest in his management service employment, but not a liberty interest or a First Amendment claim. The defendant was entitled to qualified immunity for damages claims.
• Bouldin v. Okaloosa Cnty.
  580 So. 2d 205· Fla. 1st DCA· 1991-04-29 ·cited 6×
  Property owners and business operators challenged Okaloosa County's resolution vacating a portion of Old U.S. 98, alleging procedural violations and abuse of discretion. The trial court dismissed the amended complaint for lack of standing and failure to state a cause of action, b
• Chaves Cnty. Home Health Serv., Inc. v. Louis W. Sullivan, M.D.
  931 F.2d 914· D.C. Cir.· 1991-04-26 ·cited 6×
  The court held that the Secretary of HHS permissibly used statistical sampling to calculate Medicare overpayments, as it was a reasonable interpretation of the agency's general authority to recoup overpayments and not prohibited by the Medicare Act.
• United States v. Gardner
  931 F.2d 1097· 6th Cir.· 1991-04-24 ·cited 6×
  The court held that 18 U.S.C. § 3553(e), which allows a sentence below the statutory minimum only upon the government's motion for substantial assistance, does not violate due process.
• Purvis v. Ponte
  929 F.2d 822· 1st Cir.· 1991-04-02 ·cited 6×
  The court held that while the complaint was not frivolous, the plaintiff received sufficient procedural protections and failed to state a claim for an Eighth Amendment violation.
• Colonial Apts., L.P. v. City OF DeLAND
  577 So. 2d 593· Fla. 5th DCA· 1991-02-14 ·cited 6×
  Colonial Apartments sought approval of a site plan for an apartment project in a DeLand R-4 zoning district that allowed up to 16 units per acre. The city denied approval unless the density was reduced to 6 units per acre based on a vague "statement of intent" in the ordinance re
• Finkelstein v. Bergna
  924 F.2d 1449· 9th Cir.· 1991-01-29 ·cited 6×
  The court held that the law was clearly established that a deputy prosecutor could not be disciplined for exercising First Amendment rights, and thus the official was not entitled to qualified immunity.
• Walter v. Torres
  917 F.2d 1379· 5th Cir.· 1990-11-29 ·cited 6×
  Parole board members have absolute immunity for adjudicative functions (applying rules to individual cases) but only qualified immunity for administrative functions (enacting rules).
• Ortega-Rosario v. Alvarado-Ortiz
  917 F.2d 71· 1st Cir.· 1990-10-23 ·cited 6×
  An 'irregular employee' under Puerto Rico law, who lacks a property interest in continued employment, is not deprived of a liberty interest by termination unless false and defamatory charges are disseminated by the employer and stigmatize the employee.
• Citizens OF the State OF Fla. v. Wilson
  567 So. 2d 889· Fla.· 1990-09-27 ·cited 6×
  The Florida Supreme Court upheld the Public Service Commission's approval of Tampa Electric Company's revised supplemental service rider for interruptible electric service, which allocated 80% of incremental fuel savings to interruptible customers and 20% to general ratepayers. T
• Duffy v. Sarault
  892 F.2d 139· 1st Cir.· 1989-12-19 ·cited 6×
  The court held that findings regarding whether an employee would have been terminated regardless of protected speech are factual determinations subject to the clearly erroneous standard of review, not de novo review.
• Rosa R. v. Connelly
  889 F.2d 435· 2d Cir.· 1989-11-09 ·cited 6×
  The court affirmed the district court's judgment, holding that the school board's actions did not violate due process or equal protection, and that the local board was not entitled to Eleventh Amendment immunity.
• Gregory v. City OF Alachua
  553 So. 2d 206· Fla. 1st DCA· 1989-10-30 ·cited 6×
  The Gregorys challenged two development orders rezoning neighboring property from agricultural to commercial and mobile home park uses, asserting the City failed to make required findings of consistency with its comprehensive plan. The trial court rendered judgment for the defend
• Huron Valley Hosp., Inc. v. City OF Pontiac
  887 F.2d 710· 6th Cir.· 1989-10-13 ·cited 6×
  The court held that the plaintiffs' § 1983 claims were properly dismissed because adequate state remedies existed to address the alleged due process violations, even if those remedies provided less relief than § 1983.
• Cain v. Larson
  879 F.2d 1424· 7th Cir.· 1989-07-07 ·cited 6×
  A state statute providing only procedural guarantees for disciplinary actions does not create a constitutionally protected property interest for an employee.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• Gorenc v. Salt River Project Agric. Improvement & Power Dist.
  869 F.2d 503· 9th Cir.· 1989-03-08 ·cited 6×
  The court held that the Salt River Project Agricultural Improvement and Power District acted as a private entity, not a state actor, when terminating an employee, and thus did not violate the employee's procedural due process rights under the Fourteenth Amendment.
• Rogers v. Kelly
  866 F.2d 997· 8th Cir.· 1989-01-26 ·cited 6×
  The court held that the district court did not err in awarding only nominal damages when the plaintiff proved a procedural due process violation but no actual injury, and did not abuse its discretion in calculating attorney fees.
• Mayo v. Lane
  867 F.2d 374· 7th Cir.· 1989-01-25 ·cited 6×
  The court held that the plaintiff lacked standing to challenge a prison visitor ban because she failed to allege a concrete injury or a desire to visit any inmate.
• Birkenholz v. Sluyter
  857 F.2d 1214· 8th Cir.· 1988-09-27 ·cited 6×
  The court held that the defendants are entitled to qualified immunity because the plaintiff's due process rights were not clearly established at the time of the alleged violation, given the availability of state remedies.
• Wise v. PEA Ridge Sch. Dist.
  855 F.2d 560· 8th Cir.· 1988-08-26 ·cited 6×
  The court held that the corporal punishment administered and the in-school suspension imposed did not rise to the level of a substantive due process violation under the Fourteenth Amendment.
• Weigner v. The City OF NEW York
  852 F.2d 646· 2d Cir.· 1988-07-14 ·cited 6×
  The dissenting judge argues that New York City's tax foreclosure procedures are constitutionally invalid due to insufficient notice and arbitrary "release" provisions, violating due process and equal protection.
• City OF Miramar v. Amoco OIL Co.
  524 So. 2d 506· Fla. 4th DCA· 1988-05-11 ·cited 6×
  The City of Miramar sought certiorari review of a circuit court order that reversed the city's denial of Amoco Oil Company's application for a special exception to zoning ordinances. The court held that while the circuit court properly found the city's denial unjustified, the cou