Procedural Due Process

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

• City OF Riviera Beach v. Fitzgerald
  492 So. 2d 1382· Fla. 4th DCA· 1986-08-27 ·cited 4×
  Police Lieutenant Fitzgerald sued the City of Riviera Beach and Police Chief Darden under 42 U.S.C. § 1983 for failing to promote him to captain despite being the only qualified candidate on a certified eligibility list. The court affirmed the jury verdict awarding compensatory d
• Roy P. Boucvalt, M.D. v. Bd. OF Comm'rs OF Hosp. Serv. Dist. NO. 1
  798 F.2d 722· 5th Cir.· 1986-08-27 ·cited 4×
• Raye Howe v. H.G. Baker
  796 F.2d 1355· 11th Cir.· 1986-08-14 ·cited 4×
  Government officials are shielded by qualified immunity from civil damages if their conduct does not violate clearly established statutory or constitutional rights. The court found that the rights Howe claimed were not clearly established at the time of the alleged violations.
• Lovell v. United States
  795 F.2d 976· 11th Cir.· 1986-08-08 ·cited 4×
  The court held that the dissent's arguments regarding the anti-injunction act and due process were not properly before the court due to a failure to contest a finding of no irreparable harm.
• In re Richardson
  793 F.2d 37· 1st Cir.· 1986-06-11 ·cited 4×
  Attorneys cannot be sanctioned for non-appearance at a hearing if they lacked fair warning of an unwritten rule requiring their attendance or if there is conflicting evidence about whether they were directed to attend without adequate procedural due process.
• Akbar v. Fairman
  788 F.2d 1273· 7th Cir.· 1986-04-22 ·cited 4×
  The Seventh Circuit affirmed the district court's denial of compensatory damages for procedural due process violations, finding that the underlying disciplinary actions against the inmates were justified. However, the court reversed the district court's award of expenses for the
• Schuler v. Univ. OF Minn.
  788 F.2d 510· 8th Cir.· 1986-04-10 ·cited 4×
  A university's failure to follow its own internal procedures in dismissing a student for academic reasons does not violate the Fourteenth Amendment if the student received constitutionally adequate process.
• Collins v. City OF Detroit
  780 F.2d 583· 6th Cir.· 1986-01-10 ·cited 4×
  The court held that plaintiffs failed to allege a policy or custom of the city, which is required for official capacity suits under § 1983, and thus affirmed the dismissal.
• Neapolitan Navigation, Ltd. v. Tracor Marine, Inc.
  777 F.2d 1427· 11th Cir.· 1985-12-11 ·cited 4×
  The court held that the district court's failure to provide a prompt post-seizure hearing after the arrest of a vessel violates the Fifth Amendment's due process clause.
• Corbett v. Luther
  778 F.2d 950· 2d Cir.· 1985-12-09 ·cited 4×
  The Commission's appeal is dismissed as moot because the D.C. court reduced Corbett's sentence, rendering the issue academic; Corbett's cross-appeal is affirmed in part and dismissed in part regarding sentence computation.
• City Nat'l Bank OF Miami v. City OF Coral Springs
  475 So. 2d 984· Fla. 4th DCA· 1985-09-18 ·cited 4×
  The court held that the city's first two conditions for plat approval were valid, but the third condition, which imposed an indefinite building moratorium, was invalid without proper procedural requirements.
• Hershinow v. M.F. Bonamarte, Jr.
  772 F.2d 394· 7th Cir.· 1985-09-13 ·cited 4×
  The court affirmed the district court's award of attorney's fees against the plaintiff, finding his civil rights claims to be frivolous, unreasonable, or groundless.
• Bonar v. Ambach
  771 F.2d 14· 2d Cir.· 1985-08-14 ·cited 4×
  Attorneys' fees under 42 U.S.C. § 1988 are not available for claims falling within the Education for All Handicapped Children Act (EHA) unless a separate due process claim independent of EHA, demonstrating irreparable harm, is established.
• Ala. Pub. Serv. Comm'n v. Interstate Commerce Comm'n & United States
  765 F.2d 1516· 11th Cir.· 1985-07-23 ·cited 4×
  The court affirmed the Interstate Commerce Commission's decision to approve railroad finance applications and abandonments, finding the decision was supported by substantial evidence and not an abuse of discretion.
• In re Park Nursing Ctr., Inc. v. Samuels
  766 F.2d 261· 6th Cir.· 1985-07-05 ·cited 4×
  The constitutionality of Bankruptcy Rule 704(c)(1) does not depend on the availability of relief under Fed.R.Civ.P. 55(c) and 60(b).
• Okeson v. Tolley Sch. Dist. NO. 25
  766 F.2d 378· 8th Cir.· 1985-07-01 ·cited 4×
  The school board members are liable because they violated clearly established constitutional rights, and qualified immunity does not shield them.
• Allen v. City OF Kinloch
  763 F.2d 335· 8th Cir.· 1985-05-31 ·cited 4×
  The court held that a state tort remedy, such as replevin, satisfies due process requirements for a random and unauthorized deprivation of property, even if the deprivation was tortious.
• Francis J. Everhart, M.D. v. Jefferson Parish Hosp. Dist. NO. 2 & E. Jefferson Hosp. Bd.
  757 F.2d 1567· 5th Cir.· 1985-04-22 ·cited 4×
  The court held that the hospital's denial of medical staff membership did not violate the applicant's constitutional rights to procedural or substantive due process.
• Beckham v. Harris
  756 F.2d 1032· 4th Cir.· 1985-03-13 ·cited 4×
  A discharged employee who admits misconduct and fails to request a pre-termination hearing within the prescribed time frame has no constitutionally protected property or liberty interest in continued employment.
• Berg v. Shearer
  755 F.2d 1343· 8th Cir.· 1985-03-05 ·cited 4×
  The court held that the Iowa Department of Job Service's prehearing notice procedure for administrative penalties does not violate due process, and the lack of written standards for determining penalty length also does not violate due process.
• Goodrich v. Newport News Sch. Bd.
  743 F.2d 225· 4th Cir.· 1984-09-13 ·cited 4×
  A local school board's failure to adhere to its own internal guidelines does not violate federal procedural due process rights if minimum constitutional requirements of notice and hearing are met.
• Tautfest v. City OF Lincoln
  742 F.2d 477· 8th Cir.· 1984-08-31 ·cited 4×
  A probationary employee terminated for cause, under terms explicitly stating immediate termination for disciplinary problems, does not possess a property interest in continued employment triggering due process rights, nor is such termination a breach of the collective bargaining
• Jones v. Nuclear Pharmacy, Inc.
  741 F.2d 322· 10th Cir.· 1984-08-22 ·cited 4×
  The court held that an objecting shareholder is not automatically entitled to live testimony at a settlement hearing, and the trial court did not abuse its discretion in approving the settlement without it.
• Cospito v. Heckler
  742 F.2d 72· 3d Cir.· 1984-08-10 ·cited 4×
  The court held that the statutory scheme terminating SSI benefits based on hospital accreditation was an unconstitutional delegation of power and violated due process.
• Helene J. Postman v. Pelzner, Schwedock, Finkelstein & Klausner, P.A.
  450 So. 2d 597· Fla. 3d DCA· 1984-05-29 ·cited 4×
  The court reversed a $15,000 judgment against a defendant-client in an attorney's fees dispute because she received inadequate notice of trial and the trial judge would have granted her continuance motion had she been present at the calendar call.
• Daley v. Town OF NEW Durham
  733 F.2d 4· 1st Cir.· 1984-04-27 ·cited 4×
  The court held that federal antitrust claims removed to federal court must be dismissed for lack of jurisdiction because the state court lacked subject matter jurisdiction. Civil rights claims were properly dismissed, and state law claims must be remanded.
• NEW York Urban Coal., Inc. v. United States Dep't OF Labor
  731 F.2d 1024· 2d Cir.· 1984-03-27 ·cited 4×
  The court held that the Secretary of Labor erred in awarding backpay solely on procedural grounds without considering whether the termination was substantively justified, and that backpay should not extend beyond the end of the CETA program's funding for the position.
• Connor v. United States Civil Serv. Comm'n
  721 F.2d 1054· 6th Cir.· 1983-11-28 ·cited 4×
  The court concurred that while the oral reply hearing might have been perfunctory, the employee's own conduct foreclosed any firm conclusion to that effect, thus justifying the agency's action.
• Brockert v. Skornicka
  711 F.2d 1376· 7th Cir.· 1983-07-01 ·cited 4×
  The court affirmed the district court's grant of summary judgment, holding that the ordinance's waiver provision was not impermissibly vague and that the plaintiff received adequate due process.
• DOE v. Staples
  706 F.2d 985· 6th Cir.· 1983-05-06 ·cited 4×
  The court should have abstained from deciding constitutional questions regarding child removal under the Pullman abstention doctrine.
• Lowman v. Davies
  704 F.2d 1044· 8th Cir.· 1983-04-13 ·cited 4×
  The court held that the hair length regulation for park naturalists was an unconstitutional infringement on liberty, as it lacked a rational relation to the state's articulated goals.
• Schaffer v. State
  429 So. 2d 372· Fla. 3d DCA· 1983-03-15 ·cited 4×
  Florida appellate court affirmed a contempt conviction for refusing to answer questions despite transactional immunity, holding that although the proceedings should have been characterized as indirect rather than direct criminal contempt, the defendant received all procedural pro
• Collins v. Hoke
  705 F.2d 959· 8th Cir.· 1983-02-15 ·cited 4×
  The county's application of its ordinance to Mr. Collins, requiring him to move to the county poor farm for general assistance, violates the Equal Protection Clause.
• B & M Coal Corp. v. Off. OF Surface Mining Reclamation & Enf't
  699 F.2d 381· 7th Cir.· 1983-02-01 ·cited 4×
  The Surface Mining Control and Reclamation Act's requirement to deposit proposed penalties into escrow prior to a formal hearing does not violate procedural due process rights.
• Ostroff v. State
  554 F. Supp. 347· M.D. Fla.· 1983-01-31 ·cited 4×
  The court held that it lacked subject matter jurisdiction over the plaintiff's claims for damages arising from the termination of Social Security benefits, due to the Social Security Act's limitations and Eleventh Amendment sovereign immunity.
• Sonny's Italian Rest. & Pizzeria, Inc. v. State
  414 So. 2d 1156· Fla. 3d DCA· 1982-06-08 ·cited 4×
  Florida appellate court affirmed the revocation of a liquor license, holding that the agency properly denied disqualification, relied on substantial evidence, rejected immaterial proposed findings, and the licensee failed to timely file exceptions.
• Williams v. Taylor
  677 F.2d 510· 5th Cir.· 1982-06-04 ·cited 4×
  Summary judgment was appropriate on the procedural due process and pardon claims, but the case must be remanded for a trial on the selective disenfranchisement claim.
• Ungar v. Smith
  667 F.2d 188· D.C. Cir.· 1981-10-30 ·cited 4×
  The court held that while the statute generally precludes judicial review of administrative decisions, it does not bar review of claims alleging unconstitutional administrative action, and that the appellants were denied procedural due process due to insufficient time to prepare
• United States v. ONE 1951 Douglas DC-6 Aircraft
  667 F.2d 502· 6th Cir.· 1981-10-29 ·cited 4×
  The court held that the owner of a security interest in a plane subject to forfeiture for drug smuggling must prove due diligence in preventing the illegal use of the property to avoid forfeiture.
• Okla. Aerotronics, Inc. v. United States
  661 F.2d 976· D.C. Cir.· 1981-08-27 ·cited 4×
  The court held that the SBA committed egregious procedural errors in terminating OAI from the 8(a) program, requiring reversal of the district court's decision.
• Ybarra v. Bastian
  647 F.2d 891· 9th Cir.· 1981-02-12 ·cited 4×
  The court held that the employee's conviction for murder extinguished any property or liberty interest in continued employment, thus precluding a procedural due process claim for denial of a post-termination hearing.
• Nelson v. Mustian
  502 F. Supp. 698· N.D. Fla.· 1980-12-16 ·cited 4×
  The court held that the hospital's dress code, including the three-ring limit, did not violate substantive due process, and the plaintiff's termination was not a denial of procedural due process as she effectively resigned.
• Schering Corp. v. The United States
  626 F.2d 162· C.C.P.A.· 1980-07-17 ·cited 4×
  The court held that the appellant failed to provide competent proof to establish jurisdictional facts after the government properly challenged jurisdiction, thus the denial of rehearing was not erroneous.
• Stone v. Bd. OF Regents OF the Univ. Sys. OF Ga.
  620 F.2d 526· 5th Cir.· 1980-07-03 ·cited 4×
  The court held that the university's decision to deny a larger salary increase to Professor Stone was based on permissible reasons (faculty pay scale) and not retaliation for exercising First Amendment rights, thus summary judgment for the university was proper.
• Earth Res. Co. OF Alaska v. Fed. Energy Regulatory Comm'n
  617 F.2d 775· D.C. Cir.· 1980-01-03 ·cited 4×
  The court held that it lacked jurisdiction to review the FERC order because the claims presented by the complainants did not fall within the narrow exceptions provided by the Alaska Natural Gas Transportation Act (ANGTA).
• Gunston v. The United States
  602 F.2d 316· Ct. Cl.· 1979-07-18 ·cited 4×
  The court held that the plaintiff was not entitled to a pay difference after reinstatement and that his second removal was not procedurally defective, granting summary judgment for the defendant.
• State v. Miller
  373 So. 2d 677· Fla.· 1979-07-18 ·cited 4×
  The Florida Supreme Court upheld the constitutionality of section 713.76, which allows a property owner to recover their vehicle from a mechanic's possessory lien by posting a bond equal to the final bill. The court held that the statute provides adequate procedural safeguards an
• Williams v. Dolph Briscoe
  599 F.2d 620· 5th Cir.· 1979-07-10 ·cited 4×
  The court held that the case should be remanded to the district court to determine the effect of Greenholtz on the Texas parole statute.
• Seward v. Dep't OF Admin.
  366 So. 2d 82· Fla. 1st DCA· 1978-12-28 ·cited 4×
  A law enforcement officer who transferred from a state retirement system to the Florida Retirement System sought review of the Division of Retirement's declaratory statement that Chapter 121 (FRS) governed his disability benefit reexamination. The court reversed, holding that Cha
• Robbins v. United States R.R. Ret. Bd.
  586 F.2d 1034· 5th Cir.· 1978-12-22 ·cited 4×
  The court held that the petitioner was denied due process when his unemployment benefits were terminated without a proper hearing.