Procedural Due Process

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

• McMATH v. City OF Gary
  976 F.2d 1026· 7th Cir.· 1992-09-28 ·cited 4×
  The court held that while the plaintiff's complaint adequately alleged a violation of a liberty interest to survive a motion to dismiss, there was insufficient evidence presented at trial to link the defendants to the public dissemination of stigmatizing statements about the plai
• Recio v. State
  605 So. 2d 553· Fla. 3d DCA· 1992-09-22 ·cited 4×
  Alexis Recio appeals the revocation of his probation after being acquitted of a cocaine sale charge at a combined jury trial and probation violation hearing. The court affirmed the revocation, holding that acquittal on the criminal charge does not preclude probation revocation ba
• Brown v. Griesenauer
  970 F.2d 431· 8th Cir.· 1992-07-13 ·cited 4×
• Raymond and Barbara Seguin v. The City OF Sterling Heights
  968 F.2d 584· 6th Cir.· 1992-06-29 ·cited 4×
  The court held that the Fifth Amendment takings and Fourteenth Amendment equal protection claims were not ripe because plaintiffs failed to pursue state remedies and obtain a final decision. However, the procedural due process claim was ripe, but ultimately failed due to lack of
• Gaal v. State
  599 So. 2d 723· Fla. 1st DCA· 1992-05-28 ·cited 4×
  Stephen Gaal appealed a finding of probation violation and the conditions imposed. The court affirmed the violation finding but reversed and remanded to require a formal written revocation order and to clarify the probation conditions, particularly addressing whether a reporting
• Nestor Colon Medina & Sucesores, Inc. v. Patria G. Custodio
  964 F.2d 32· 1st Cir.· 1992-05-07 ·cited 4×
  The court affirmed summary judgment on most claims but reversed and remanded for further proceedings on the First Amendment claim regarding the residential site permit, finding that discovery should have been allowed.
• Swanson v. Vill. OF Lake IN THE Hills
  962 F.2d 602· 7th Cir.· 1992-04-29 ·cited 4×
  The court held that the plaintiff received constitutionally adequate due process in disciplinary actions and that summary judgment was appropriate for the invasion of privacy claim.
• Filippo v. Bongiovanni
  961 F.2d 1125· 3d Cir.· 1992-04-22 ·cited 4×
  The court held that the University's dismissal regulations, absent incorporation of the AAUP Statement on Professional Ethics, were void for vagueness and did not provide adequate notice that the charged conduct could lead to dismissal.
• Spreen v. Brey
  961 F.2d 109· 7th Cir.· 1992-04-01 ·cited 4×
  The court held that a genuine issue of material fact exists as to whether defendants misled the plaintiff into resigning, and that the plaintiff had a clearly established constitutional right to procedural due process if her resignation was involuntary.
• Baumgardner v. The Sec'y
  960 F.2d 572· 6th Cir.· 1992-03-31 ·cited 4×
  The court concurred that presumed damages may be appropriate for civil rights violations, including under the Fair Housing Act, even if actual injury is difficult to prove, but found they were not necessary in this specific case due to evidence of actual injury.
• Richmond Tenants Org. v. Kemp
  956 F.2d 1300· 4th Cir.· 1992-03-02 ·cited 4×
  The court held that the summary eviction of a public housing tenant without prior notice and an opportunity to be heard violates the Due Process Clause, except in exigent circumstances.
• Luckett v. Jett
  966 F.2d 209· 7th Cir.· 1992-02-04 ·cited 4×
  The court held that the district court did not err in refusing retroactive relief for claims processed under the pre-amendment IHRA, and that the amended IHRA procedures comport with due process.
• Briggs v. Sullivan
  954 F.2d 534· 9th Cir.· 1992-01-09 ·cited 4×
  The court held that the Secretary's current practices for investigating prospective representative payees are inadequate to fulfill statutory obligations, and beneficiaries are entitled to retroactive duplicate payments for misappropriated funds.
• Powell v. Coughlin
  953 F.2d 744· 2d Cir.· 1991-12-27 ·cited 4×
  The court held that the OMH policy allowing confidential consultations between mental health staff and hearing officers is permissible, and that individual disciplinary hearing outcomes should not be automatically reversed without harmless error analysis.
• Rivera v. Dawson
  589 So. 2d 1385· Fla. 5th DCA· 1991-11-29 ·cited 4×
  The court reversed a trial court's decision that had overturned a Board of Adjustment's approval of screening plans for an existing junk yard. The appellate court held that the Board's only authority was to approve or disapprove the screening plan itself, not to determine whether
• Abell v. Potomac Ins. Co. OF Ill.
  946 F.2d 1160· 5th Cir.· 1991-11-13 ·cited 4×
  The court held that the RICO statute is not unconstitutionally vague as applied to the defendant's conduct and that the attorneys' fees award was properly adjusted.
• Tex. Faculty Ass'n v. Univ. OF Tex. AT Dallas
  946 F.2d 379· 5th Cir.· 1991-10-23 ·cited 4×
  The court held that while faculty were given adequate notice and opportunity to be heard regarding program elimination, they were denied due process regarding their individual terminations because they were not given a meaningful opportunity to demonstrate why they should be reta
• George v. Famiglio
  592 So. 2d 257· Fla. 2d DCA· 1991-09-18 ·cited 4×
• Doherty v. Thornburgh
  943 F.2d 204· 2d Cir.· 1991-08-27 ·cited 4×
  The dissenting judge would reverse the district court's judgment and remand for bail to be set, arguing that indefinite confinement violates due process.
• United States v. Sydney A. Williams
  941 F.2d 682· 8th Cir.· 1991-08-12 ·cited 4×
  The court held that there was sufficient evidence to support the conviction and that the mandatory sentence did not violate the Eighth Amendment.
• Rhodes v. State
  580 So. 2d 159· Fla.· 1991-06-06 ·cited 4×
  Florida Supreme Court held that statutorily mandated and fixed costs may be imposed on convicted indigent defendants without special notice or a separate hearing beyond sentencing, satisfying procedural due process under the two-part test from Jenkins v. State.
• Girard v. Klopfenstein
  930 F.2d 738· 9th Cir.· 1991-04-15 ·cited 4×
  The court held that exhaustion of administrative remedies was not required for a constitutional challenge to debarment procedures, and that the ASCS debarment procedures did not violate the APA or procedural due process. The appeal concerning Klopfenstein was dismissed as moot.
• United States v. Fuentes
  925 F.2d 1191· 9th Cir.· 1991-02-15 ·cited 4×
  The court held that disputes over Sentencing Guidelines calculations that do not affect the sentence imposed, and the constitutionality of the Sentencing Guidelines, are not grounds for appeal in this case.
• Hernandez v. Denton
  919 F.2d 573· 9th Cir.· 1990-11-21 ·cited 4×
• Harris v. Duckworth
  909 F.2d 1057· 7th Cir.· 1990-08-09 ·cited 4×
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies, as Indiana law now clearly indicates no judicial review of prison disciplinary decisions.
• United States v. Craveiro
  907 F.2d 260· 1st Cir.· 1990-07-06 ·cited 4×
  The court held that the Armed Career Criminal Act (ACCA) does not statutorily require pre-trial notification of the government's intent to seek sentence enhancement based on prior convictions.
• Edinger v. Bd. OF Regents OF Morehead State Univ.
  906 F.2d 1136· 6th Cir.· 1990-07-02 ·cited 4×
  A public university employee does not possess a protected property interest in continued employment absent a formal grant of tenure or circumstances creating an objectively reasonable expectation of tenure under state law and university policy.
• Kendrix M. Easley v. Univ. OF Mich. Bd. OF Regents
  906 F.2d 1143· 6th Cir.· 1990-07-02 ·cited 4×
  The court held that Judge Feikens did not abuse his discretion in denying the recusal motion, as his affiliations with the University of Michigan did not create a reasonable question about his impartiality.
• Morris v. Clifford
  903 F.2d 574· 8th Cir.· 1990-05-16 ·cited 4×
  The court held that genuine issues of material fact exist regarding whether the defendants' actions violated clearly established law, precluding summary judgment on qualified immunity grounds.
• Otto Engdahl v. Dep't OF the Navy
  900 F.2d 1572· Fed. Cir.· 1990-04-17 ·cited 4×
  The court held that the Department of the Navy lawfully suspended Otto Engdahl under Chapter 75 of the Civil Service Reform Act and did not violate his due process rights.
• Alfred Damus, M.D. v. Parvez
  556 So. 2d 1136· Fla. 3d DCA· 1989-12-12 ·cited 4×
  The court held that a verified written medical report need not be produced prior to an evidentiary hearing to determine good faith rejection of a medical malpractice claim.
• Arca Airlines Ltda. v. United States Customs Serv.
  726 F. Supp. 827· S.D. Fla.· 1989-10-10 ·cited 4×
  The court held that customs' penalty assessment and mitigation decisions are not subject to judicial review on the merits, and that the airline's procedural due process claims failed because it received adequate notice and was not prejudiced by any technical error.
• Edwards v. Johnston Cnty. Health Dep't
  885 F.2d 1215· 4th Cir.· 1989-09-20 ·cited 4×
  The court held that the issuance of permits for substandard migrant housing did not violate substantive or procedural due process rights, nor did it violate the Fair Housing Act due to a lack of discriminatory intent or disparate impact.
• Mapp v. Honorable Bent Lawaetz
  882 F.2d 49· 3d Cir.· 1989-08-04 ·cited 4×
  The court held that the legislature's determination of Mapp's ineligibility for office, based on residency and voter registration requirements, was a matter entrusted to the legislature's sole judgment and did not violate Mapp's due process rights, even if a simple majority vote
• S.H. and P.F. v. Edwards
  860 F.2d 1045· 11th Cir.· 1988-11-28 ·cited 4×
  The court affirmed the district court's judgment, holding that while plaintiffs have a procedural due process right to continued habilitation reviews under O.C.G.A. § 37-4-42, they do not have a substantive due process right to habilitation in a community setting.
• Christoffersen v. Wash. State AIR Nat'l Guard
  855 F.2d 1437· 9th Cir.· 1988-08-31 ·cited 4×
  The court held that the appellants' claims challenging their nonretention in the Washington Air National Guard were non-reviewable by civilian courts due to the military non-interference doctrine and the Mindes test factors, and that the regulation under which they were discharge
• Stephany v. Wagner
  835 F.2d 497· 3d Cir.· 1987-12-15 ·cited 4×
  The court held that the prison's administrative segregation rule created a state law expectation triggering federal procedural due process protections, and summary judgment was therefore error.
• Varney v. The Fla. Real Est. Comm'n
  515 So. 2d 383· Fla. 5th DCA· 1987-11-12 ·cited 4×
  The court held that the claimants were denied their constitutional due process rights because they did not receive adequate notice of the commission's meeting and were not given an opportunity to be heard on the statute of limitations issue.
• Ireland v. Shultz
  829 F.2d 1189· D.C. Cir.· 1987-10-02 ·cited 4×
  The court held that equitable relief in the form of retroactive reinstatement was not appropriate due to the significant passage of time and the appellant's age, and that the claim was essentially one for monetary damages properly belonging in the Claims Court.
• Ouzts v. Sgt. D. Cummins
  825 F.2d 1276· 8th Cir.· 1987-08-13 ·cited 4×
  The court held that a prisoner's pro se complaint alleging a beating by correction officers and a warden's failure to respond to a grievance was properly dismissed.
• Hake v. Gunter
  824 F.2d 610· 8th Cir.· 1987-07-15 ·cited 4×
  The court held that the district court erred in vacating the judgment regarding the inmate's liberty interest in continued participation in a work detail program, remanding for further proceedings. However, it affirmed the district court's decision regarding the inmate's communit
• McDONALD v. Black
  820 F.2d 260· 8th Cir.· 1987-06-01 ·cited 4×
  The court held that a state's failure to comply with parental notification statutes, even if proven, does not automatically violate a juvenile's due process rights unless it renders the trial fundamentally unfair. Furthermore, the court affirmed that the juvenile's waiver of his
• Crook v. Deane Baker
  813 F.2d 88· 6th Cir.· 1987-03-05 ·cited 4×
  The Regents of the University of Michigan had the authority under Michigan law to revoke a degree obtained by fraud, and the procedures followed comported with due process requirements.
• Sanchez v. State
  503 So. 2d 436· Fla. 4th DCA· 1987-03-04 ·cited 4×
  The circuit court departed from the essential requirements of law by affirming the county court's denial of a jury trial for retail theft, a crime considered serious.
• Sher J. Rana v. United States
  812 F.2d 887· 4th Cir.· 1987-03-03 ·cited 4×
  The court held that the district court did not err in finding no discrimination, that procedural due process claims were either waived or without merit, and that reviewing the administrative record during a de novo trial was permissible.
• Gattis v. Carroll Gravett
  806 F.2d 778· 8th Cir.· 1986-12-02 ·cited 4×
  The court held that the Arkansas legislature's amendment to the civil service law extinguished the property interest in continued employment for sheriffs' department majors, thus they were not entitled to pre-termination due process.
• Franco v. Moreland
  805 F.2d 798· 8th Cir.· 1986-11-18 ·cited 4×
  The court held that the St. Louis County Jail Directive 301 created a protectible liberty interest, and the jury instructions failed to adequately inform the jury of the procedural due process requirements for placing an inmate in administrative segregation.
• Ingram v. Papalia
  804 F.2d 595· 10th Cir.· 1986-11-06 ·cited 4×
  The court held that a prisoner has no constitutional property or liberty interest in a prison job, and state law did not create such an interest.
• In re Evans
  801 F.2d 703· 4th Cir.· 1986-09-23 ·cited 4×
  An attorney's unsubstantiated accusations of bias and incompetence against a magistrate, made in writing and repeated despite affirmation of the magistrate's decision, constitute conduct prejudicial to the administration of justice and warrant disbarment.
• Edison W. Miller v. Lehman
  801 F.2d 492· D.C. Cir.· 1986-09-19 ·cited 4×
  The court held that the Secretary's decision regarding naval tradition was not legally infirm, and the court should not consider arguments about limitations on the Secretary's authority until after a merits decision.