Procedural Due Process

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

• O'Neill v. Town OF Nantucket
  711 F.2d 469· 1st Cir.· 1983-07-13 ·cited 6×
  The court held that the revocation of a license based on public policy grounds, akin to zoning decisions, does not constitutionally require a right to cross-examine adverse witnesses.
• Eakins v. Amos Reed
  710 F.2d 184· 4th Cir.· 1983-06-24 ·cited 6×
  The court held that while Hinton was properly joined as a defendant, the procedure used violated his due process rights, requiring a new trial.
• Sarasota Cnty. v. Tamaron Utils., Inc.
  429 So. 2d 322· Fla. 2d DCA· 1983-02-23 ·cited 6×
  Sarasota County's utility ordinance prohibited treatment of depreciation on contributed property (CIAC) as an operating expense in rate-making. The court held the ordinance unconstitutional as applied because it completely excluded CIAC depreciation from the rate-making process,
• Brookhart v. Ill. State Bd. OF Educ.
  697 F.2d 179· 7th Cir.· 1983-01-03 ·cited 6×
  The court held that the School District's failure to provide adequate notice of the Minimal Competency Test requirement to handicapped students violated their due process rights, entitling eleven students to diplomas without passing the test.
• Fort Lauderdale Bd. OF Adjustment & City of Fort Lauderdale v. Nash
  425 So. 2d 578· Fla. 4th DCA· 1982-12-22 ·cited 6×
  The Fourth District Court of Appeal reversed a circuit court decision that had set aside the Fort Lauderdale Board of Adjustment's denial of a zoning variance for an encroaching structure. The appellate court held that the property owner failed to establish the exceptional hardsh
• Stenseth v. Greater Fort Worth & Tarrant Cnty. Cmty. Action Agency
  673 F.2d 842· 5th Cir.· 1982-04-22 ·cited 6×
  The court held that the district court erred in awarding attorney's fees against the plaintiff, as her claims were not frivolous at the time of trial. However, the court affirmed the district court's finding that the plaintiff did not establish a valid claim under 42 U.S.C. § 198
• In the Interest of K. L. H.
  407 So. 2d 297· Fla. 4th DCA· 1981-12-14 ·cited 6×
  A Florida appellate court reversed a delinquency adjudication against a minor for violating her speedy trial rights. The trial court improperly extended the 90-day speedy trial period without conducting a required hearing and without proper notice to the defendant, entitling her
• Phelps v. Kan. Supreme Court
  662 F.2d 649· 10th Cir.· 1981-10-05 ·cited 6×
  The court held that a federal court cannot review state disbarment proceedings and that the attorney's due process claim failed because the disbarment could be sustained on other charges that were properly noticed and adjudicated.
• Nat'l Labor Relations Bd. v. Decibel Prods., Inc.
  657 F.2d 727· 5th Cir.· 1981-09-30 ·cited 6×
  The court held that the National Labor Relations Board abused its discretion by granting summary judgment without reviewing the entire record, thus denying the employer procedural due process.
• Joe David Banks v. Schweiker
  654 F.2d 637· 9th Cir.· 1981-08-27 ·cited 6×
  The ALJ may take official notice of SSA district office customs and practices, but the claimant must be afforded an opportunity to present evidence in rebuttal.
• Emergency Disaster Loan Ass'n, Inc. v. Block
  653 F.2d 1267· 9th Cir.· 1981-08-17 ·cited 6×
  The court held that while the issuance of a special instruction may be discretionary, once issued, it creates a ministerial duty that can be compelled by mandamus if not followed.
• Chris Simopoulos, M.D. v. Va. State Bd. OF Med.
  644 F.2d 321· 4th Cir.· 1981-03-19 ·cited 6×
  The court held that the district court correctly dismissed the action under the Younger abstention doctrine, as federal courts should not interfere with pending state proceedings.
• The United Credit Bureau OF Am., Inc. v. Nat'l Labor Relations Bd.
  643 F.2d 1017· 4th Cir.· 1981-03-10 ·cited 6×
  The court held that the employer's filing of a civil lawsuit against an employee who filed unfair labor practice charges constituted an unfair labor practice under Sections 8(a)(4) and (1) of the NLRA, and that this state court action was preempted by federal labor law.
• Cummings v. Dunn
  630 F.2d 649· 8th Cir.· 1980-09-29 ·cited 6×
  Summary judgment was appropriate regarding the procedural due process claim and conditions of confinement, but inappropriate regarding the denial of medication claim.
• Lucsik v. Bd. OF Educ. OF the Brunswick City Sch. Dist.
  621 F.2d 841· 6th Cir.· 1980-05-22 ·cited 6×
  The court held that a § 1983 claim cannot be based on attorneys' conduct in civil litigation unless malice is alleged and proven, as parties are generally free to resort to the courts.
• Nat'l Steel & Shipbuilding Co. v. Dir., Off. OF Workers' Comp. Programs & Arthur F. Henry
  616 F.2d 420· 9th Cir.· 1980-04-03 ·cited 6×
  The court held that the petitioner was not denied due process as any defect in notice was cured by the actual conduct of the proceedings and the petitioner waived its right to a supplemental hearing.
• Health Clubs OF Jacksonville, Inc. v. State of Fla. ex rel. Ed Austin
  381 So. 2d 1174· Fla. 1st DCA· 1980-03-18 ·cited 6×
  The court held that a defaulting party can contest the sufficiency of the complaint, and that the relief granted in the injunction was overbroad. It also found that the criminal contempt judgment was wrongfully entered due to lack of procedural due process.
• Tomanio v. The Bd. OF Regents OF the Univ. OF the State OF NEW York
  603 F.2d 255· 2d Cir.· 1979-06-19 ·cited 6×
  The court held that a chiropractor denied a waiver of licensing requirements without a hearing and statement of reasons is entitled to procedural due process.
• Webb v. Judge Tom Dillon
  593 F.2d 656· 5th Cir.· 1979-04-23 ·cited 6×
  The court held that the procedures used to dismiss the probation officer comported with due process, even if state statutes were not strictly followed.
• Athas v. The United States
  597 F.2d 722· Ct. Cl.· 1979-04-18 ·cited 6×
  The court held that the Government's failure to apprise plaintiffs of their right to appeal adverse personnel actions, in violation of agency regulations, rendered the actions void and waived the requirement to exhaust administrative remedies.
• Robbins v. Thomas
  592 F.2d 546· 9th Cir.· 1979-03-05 ·cited 6×
  The Parole Commission must hold a supplemental hearing if events casting doubt on parole termination occur between the initial hearing and the final decision, affording the parolee the same procedural rights as at other termination hearings.
• Claud M. Brown v. Vermillion
  593 F.2d 321· 8th Cir.· 1979-02-23 ·cited 6×
  The court held that claims directly seeking release or reconsideration of parole must be brought as a habeas corpus petition, but other claims for injunctive and declaratory relief regarding due process standards are not exclusively habeas corpus.
• Fla. Power Corp. v. Hawkins
  367 So. 2d 1011· Fla.· 1979-02-08 ·cited 6×
  Florida Power Corporation sought review of the Public Service Commission's revocation of interim rate increases that had been authorized for its Crystal River nuclear power plant. The Florida Supreme Court held that the Commission lacked statutory authority to unilaterally revoke
• Studen v. Beebe
  588 F.2d 560· 6th Cir.· 1978-12-11 ·cited 6×
  The court held that the plaintiffs failed to demonstrate a deprivation of federally protected civil rights under 42 U.S.C. §§ 1983 and 1985, and that the zoning dispute was a matter for state courts.
• Taliaferro v. Willett
  588 F.2d 428· 4th Cir.· 1978-12-06 ·cited 6×
  A plaintiff deprived of procedural due process can only recover nominal damages absent proof of independent compensable injury.
• City OF Fort Lauderdale v. Campbell
  362 So. 2d 716· Fla. 4th DCA· 1978-09-27 ·cited 6×
  The City of Fort Lauderdale terminated a CETA-funded Community Service Police Aide without following required federal discharge procedures. The circuit court reinstated the employee with back pay, but the appellate court reversed, holding that procedural due process was satisfied
• Hardee v. Kuhlman
  581 F.2d 330· 2d Cir.· 1978-08-07 ·cited 6×
  The court held that the excessive and unnecessary use of uniformed, rotating guards in the courtroom, particularly when the defendant was not disruptive or a flight risk, prejudiced the defendant's right to a fair trial and violated procedural due process.
• Martin v. Harrah Indep. Sch. Dist.
  579 F.2d 1192· 10th Cir.· 1978-06-30 ·cited 6×
  The court held that the school board's decision to non-renew the plaintiff's contract, based on a shortened compliance period for continuing education credits due to her prior lawful choices, violated the Fourteenth Amendment's Due Process and Equal Protection Clauses.
• Smith v. United States AIR Force
  566 F.2d 957· 5th Cir.· 1978-01-27 ·cited 6×
  The court held that the lower court properly dismissed the action because the appellant failed to establish subject matter jurisdiction under the cited statutes and, even if jurisdiction existed, the administrative action was not arbitrary, capricious, or lacking due process.
• Easter v. Emil Olson
  552 F.2d 252· 8th Cir.· 1977-04-01 ·cited 6×
  The court held that abstention was appropriate pending resolution of a state law issue by the Nebraska Supreme Court, which would determine if the plaintiff had a property interest in continued employment.
• Gonzalez v. Gonzalez
  536 F.2d 453· 1st Cir.· 1976-05-28 ·cited 6×
  The court held that the federal district court should have abstained from deciding the case, allowing the Commonwealth courts to interpret the relevant Puerto Rican statutes first.
• United States & John E. Hunt v. Hansen Niederhauser Co., Inc.
  522 F.2d 1037· 10th Cir.· 1975-09-08 ·cited 6×
  The court held that while a corporate officer cannot assert the Fifth Amendment privilege to refuse production of corporate records, an evidentiary hearing is required to determine if the officer is actually unable to produce the records.
• Strickland v. Inlow
  519 F.2d 744· 8th Cir.· 1975-06-18 ·cited 6×
  The court held that school board members are entitled to qualified immunity from damages for actions taken in good faith, even if procedural errors occurred.
• Cook v. Hudson
  511 F.2d 744· 5th Cir.· 1975-04-21 ·cited 6×
  The court affirmed the district court's judgment, holding that a school board's policy requiring teachers' children to attend public schools was constitutional as applied to teachers whose children attended a segregated private academy, balancing the teachers' rights against the
• Federico Francisco Yong & Bergen-Paterson Pipesupport Corp. v. Reg'l Manpower Adm'r
  509 F.2d 243· 9th Cir.· 1975-01-24 ·cited 6×
  The court held that the administrative record was inadequate to review the denial of alien employment certification because it did not show the basis for denial, the substance of the applicant's response, or that the reviewing officer considered the response.
• Irwin Field v. Honorable John S. Boyle
  503 F.2d 774· 7th Cir.· 1974-10-04 ·cited 6×
  The court held that the plaintiff magistrate did not have a constitutionally protected property interest in his position and that he waived any liberty interest due process rights by failing to accept a offered hearing.
• Donald v. Hatch and Viola Hatch
  502 F.2d 1189· 10th Cir.· 1974-09-20 ·cited 6×
  The court held that claims regarding student hair length and the compulsory attendance statute were properly dismissed, but claims regarding denial of due process for expulsion without a hearing and violation of religious freedom were substantial and should not have been dismisse
• Merkey v. The Bd. OF Regents OF the State OF Fla.
  493 F.2d 790· 5th Cir.· 1974-05-10 ·cited 6×
  The appeal is moot because the appellants are not students and cannot be affected by the decision regarding student organization recognition.
• Watts v. The Bd. OF Curators
  495 F.2d 384· 8th Cir.· 1974-04-09 ·cited 6×
  The court held that the university's decision not to renew a nontenured professor's contract was not a violation of his constitutional rights, as the decision was based on permissible professional and contractual reasons, not on the exercise of protected speech.
• Daly v. Mervil L. Moore
  491 F.2d 104· 5th Cir.· 1974-03-15 ·cited 6×
  The court held that the trial court did not err in disallowing the jury's punitive damages award and in refusing to give jury instructions on due process, as the plaintiff's actions constituted a willful termination of his contract.
• Mrs. Patricia Dewrell v. Caspar W. Weinberger
  478 F.2d 699· 5th Cir.· 1973-05-02 ·cited 6×
  The court held that the administrative decision denying Social Security benefits was supported by substantial evidence and that the claimant received procedural due process.
• Verriah v. Kota
  473 F.2d 1· 4th Cir.· 1973-01-16 ·cited 6×
  The court held that a nontenured professor's contract nonrenewal, without a formal hearing, does not violate due process if no property or liberty interest is implicated and the decision is not arbitrary.
• Rozman v. Elliott
  467 F.2d 1145· 8th Cir.· 1972-10-16 ·cited 6×
  A university professor's conduct during a protest, which included interfering with administrative negotiations and defying orders to evacuate a building, exceeded the scope of First Amendment protection and justified his termination.
• Clifford v. Beto
  464 F.2d 1191· 5th Cir.· 1972-08-17 ·cited 6×
  The court held that the prisoner was not formally paroled because he never signed the parole agreement, and therefore, his incarceration was proper.
• Embrey v. Hampton
  470 F.2d 146· 4th Cir.· 1972-07-03 ·cited 6×
  The court held that Embrey's discharge from the Post Office was lawful and not arbitrary, capricious, or an abuse of discretion, despite mitigating circumstances.
• Hunt v. Rodriguez
  462 F.2d 659· 5th Cir.· 1972-06-30 ·cited 6×
  A single judge can determine Younger abstention issues, and appellants failed to demonstrate the great and immediate irreparable injury required for federal intervention in state criminal proceedings.
• United States v. Davis
  460 F.2d 792· 4th Cir.· 1972-05-25 ·cited 6×
  The court held that the doctrine of collateral estoppel precluded the government from relying on the board's determination that Davis's claim was not based on religious training and belief, as this issue was decided in his favor by the prior acquittal.
• Deanel Chism and Perry H. Thompson v. Price
  457 F.2d 1037· 9th Cir.· 1972-02-29 ·cited 6×
  The court held that the trial court properly granted summary judgment because the plaintiffs failed to establish a deprivation of federally secured rights under color of state law, and prior state court decisions on the facts were res judicata.
• Nat'l Labor Relations Bd. v. Pepsi Cola Bottling Co. OF Mansfield
  455 F.2d 1134· 6th Cir.· 1972-02-14 ·cited 6×
  The court held that the "driver-sales distributors" are employees, not independent contractors, and that the Company committed an unfair labor practice by refusing to bargain.
• In re Chipley
  448 F.2d 1234· 4th Cir.· 1971-08-31 ·cited 6×
  The court held that the district court did not err in indefinitely suspending the attorney from practice without a separate hearing, nor in relying on the South Carolina Supreme Court's findings.