Procedural Due Process

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

• Quincy Clyde Turner v. Campbell
  581 F.2d 547· 5th Cir.· 1978-10-06 ·cited 4×
  The court held that the administrative discharge was not a violation of procedural due process and the denial of reopening was not arbitrary or capricious.
• Captain David A. Karlin v. The Honorable Thomas C. Reed
  584 F.2d 365· 10th Cir.· 1978-09-27 ·cited 4×
  The court held that the trial court erred in applying the 'basis in fact' test to military personnel decisions, and that the military's decision to deny an exemption had a sufficient basis and was not arbitrary or irrational.
• Cain v. McQUEEN
  580 F.2d 1001· 9th Cir.· 1978-08-24 ·cited 4×
  The court held that the plaintiff, a probationary teacher under Nevada law, was entitled to a due process hearing before her contract could be non-renewed, and affirmed the district court's order to that effect.
• United States ex rel. James Land v. Sielaff
  564 F.2d 153· 3d Cir.· 1977-10-20 ·cited 4×
  The court held that the decision in Gray v. Creamer, establishing due process requirements for prisoner transfers to solitary confinement, is not to be applied retroactively.
• Young v. Brashears
  560 F.2d 1337· 7th Cir.· 1977-08-23 ·cited 4×
  The court held that the plaintiff possessed a property interest in his position as Clinical Director, protected by the Due Process Clause, and that the Commission's decision to terminate him was arbitrary and capricious, lacking support in the record.
• Parham v. Hardaway
  555 F.2d 139· 6th Cir.· 1977-05-13 ·cited 4×
  The court held that a non-tenured state employee, lacking a property interest created by state law or contract, does not have a Fourteenth Amendment due process claim for wrongful discharge based on insubordination.
• COX Bakeries OF N.D., Inc. v. Timm Moving & Storage, Inc.
  554 F.2d 356· 8th Cir.· 1977-05-12 ·cited 4×
  A state statute allowing a warehouseman to sell stored goods to satisfy a disputed debt without a prior hearing violates the Due Process Clause of the Fourteenth Amendment.
• Buck v. The Bd. OF Educ. OF the City OF NEW York
  553 F.2d 315· 2d Cir.· 1977-04-20 ·cited 4×
  The dissenting judge would hold that the plaintiff was denied due process by not receiving the examiner's report and an opportunity to respond before the Board's final decision.
• Christhilf v. The Annapolis Emergency Hosp. Ass'n, Inc.
  552 F.2d 1070· 4th Cir.· 1977-04-05 ·cited 4×
  A doctor is entitled to nominal damages for the denial of due process in the termination of hospital privileges, and may be entitled to further damages resulting from unreasonable delay in affording a hearing.
• Unified Sch. Dist. NO. 480 v. Epperson
  551 F.2d 254· 10th Cir.· 1977-03-18 ·cited 4×
  The Eleventh Amendment does not shield a local Kansas school district from a suit for damages when a teacher is denied procedural due process, as such districts are not arms of the state but function more like municipalities.
• Sierra Club v. United States Postal Serv.
  549 F.2d 1199· 9th Cir.· 1976-12-15 ·cited 4×
  The court held that the Sierra Club was afforded due process of law in the termination of its preferred status.
• Wade v. State
  339 So. 2d 648· Fla.· 1976-11-18 ·cited 4×
  The State's notice of appeal was untimely because it was filed more than 30 days after the order of dismissal was filed, which is when the order was 'rendered' for appeal purposes.
• Sanford W. Wood v. Univ. OF S. Miss.
  539 F.2d 529· 5th Cir.· 1976-09-27 ·cited 4×
  The court held that the professors' contract non-renewals did not violate their constitutional rights, and the ACLU's claims were unsupported.
• Leatha Benita Sims v. Waln
  536 F.2d 686· 6th Cir.· 1976-06-15 ·cited 4×
  The court affirmed the dismissal of the plaintiff's claims, finding that while the federal claims were not constitutionally insubstantial, they ultimately failed on the merits.
• Thurman v. Tenn. Valley Auth.
  533 F.2d 180· 5th Cir.· 1976-06-09 ·cited 4×
  The court held that the employee failed to exhaust available grievance procedures under the labor agreement, precluding judicial review of his claims regarding union preference and reassignment.
• City OF Fort Lauderdale v. Gulf & E. Dev. Corp.
  332 So. 2d 88· Fla. 4th DCA· 1976-05-14 ·cited 4×
  The City of Fort Lauderdale rezoned property over the objection of Gulf & Eastern Development Corporation, which claimed it was not notified of the planning board hearing. The court reversed the trial court's invalidation of the ordinance, holding that procedural due process requ
• N.Y. Civil Serv. Comm'n v. Snead
  425 U.S. 457· U.S.· 1976-04-26 ·cited 4×
  The Court held that the appellee lacked standing to challenge the constitutionality of a statute that was not applied to her. The judgment against the Civil Service Commission was vacated.
• Sandbach v. City OF Valdosta
  526 F.2d 1259· 5th Cir.· 1976-02-13 ·cited 4×
  The court held that the City Council acted within its discretionary legislative power in amending liquor licensing standards before applying them, and that the plaintiff failed to prove discriminatory denial of equal protection.
• Fillimon D. Kowtoniuk v. Walker H. Quarles, Jr.
  528 F.2d 1161· 4th Cir.· 1975-10-22 ·cited 4×
  The court held that the plaintiff was not denied procedural or substantive due process in the termination of his employment, as he received adequate notice, a fair hearing, and the college's decision was supported by substantial evidence.
• Watson v. Nat'l Transp. Safety Bd. & Fed. Aviation Admin.
  513 F.2d 1081· 9th Cir.· 1975-02-27 ·cited 4×
  The court held that the administrative law judge correctly dismissed the petition for lack of jurisdiction, and any direct petition for review of the FAA regulation is time-barred.
• State v. Brown
  307 So. 2d 896· Fla. 1st DCA· 1975-01-14 ·cited 4×
  The state appeals a trial court's order finding the defendant not guilty by reason of insanity and directing civil commitment proceedings. The appellate court reverses, holding that the trial court should have followed the mandatory procedural requirements of Rule 3.210 by first
• Gendron v. Honorable William B. Saxbe
  501 F.2d 1087· 9th Cir.· 1974-08-07 ·cited 4×
  The court held that the district court erred in denying the motion to convene a three-judge court and dismissing the complaint, as the constitutional questions raised were not insubstantial.
• Calley v. Callaway
  497 F.2d 1384· 5th Cir.· 1974-07-19 ·cited 4×
• Means v. Louie L. Wainwright
  299 So. 2d 577· Fla.· 1974-07-10 ·cited 4×
  Willie Means, a prisoner whose parole was granted but then rescinded before he signed the parole agreement, challenged the rescission as a violation of due process. The Florida Supreme Court held that once a person is notified of a parole grant, the rescission of that unexecuted
• Carlton Bryant v. Hardy
  488 F.2d 72· 4th Cir.· 1973-11-30 ·cited 4×
  The court held that the district court erred in dismissing the prisoner's petition sua sponte without requiring the government to answer.
• United States v. Thrower
  483 F.2d 283· 9th Cir.· 1973-07-13 ·cited 4×
  The court held that a psychiatrist's letter did not constitute new information requiring the local draft board to reopen the appellant's classification because its contents were not substantially different from information previously considered.
• Virgin Islands Hotel Ass'n (U.S.), Inc. v. Virgin Islands Water & Power Auth.
  476 F.2d 1263· 3d Cir.· 1973-04-12 ·cited 4×
  The court concurred in the result because the appellant failed to object to the allotted time for study or to establish the specific inquiries they would have made.
• S. Gwinnett Venture v. W. R. (Dudge) Pruitt
  482 F.2d 389· 5th Cir.· 1973-04-04 ·cited 4×
  The court affirmed the dismissal of the plaintiffs' complaint, finding that they were afforded procedural due process and failed to exhaust administrative remedies.
• United States v. Levy
  469 F.2d 345· 9th Cir.· 1972-11-15 ·cited 4×
  A subsequent order to report for a physical examination does not erase a prior offense of failing to report. A letter alleging a medical condition does not require a medical advisor interview unless it claims a disqualifying condition under the Surgeon General's list.
• Robinson v. Resor
  469 F.2d 944· D.C. Cir.· 1972-10-25 ·cited 4×
  The court held that the Army Discharge Review Board's decision to deny an honorable discharge was arbitrary and capricious, lacking procedural due process and substantive justice.
• Hyman Duby v. Am. Coll. OF Surgeons
  468 F.2d 364· 7th Cir.· 1972-10-11 ·cited 4×
  The court held that the plaintiff received adequate due process, even if Illinois law required more, because he was given sufficient notice and opportunity to be heard and defend himself against the charges leading to his expulsion from the professional college.
• United States v. Smith
  465 F.2d 388· 8th Cir.· 1972-08-11 ·cited 4×
  The court held that a registrant's conviction for refusing induction was valid because there was a basis in fact for his I-A classification, and any errors in admitting evidence were harmless.
• Korman v. The United States
  462 F.2d 1382· Ct. Cl.· 1972-07-14 ·cited 4×
  The court held that the administrative record contained substantial evidence to support the charge of failing to perform duties with respect to classifying a racketeer, and that the demotion was not an arbitrary penalty.
• Still v. Commanding Officer
  463 F.2d 991· 5th Cir.· 1972-07-10 ·cited 4×
  The court held that the district court possessed habeas corpus jurisdiction to review the Army's denial of a conscientious objector discharge, despite the petitioner not being in custody within the district.
• Hoffmann-La Roche, Inc. v. Kleindienst
  464 F.2d 1068· 3d Cir.· 1972-06-26 ·cited 4×
  The court held that the petitioner was entitled to discovery of the advisory committee's report and underlying data, as refusal to produce it violated statutory requirements and principles of fair hearing.
• Sill v. The Pa. State Univ.
  462 F.2d 463· 3d Cir.· 1972-06-08 ·cited 4×
  The court held that the university's disciplinary regulations were not unconstitutionally vague or overbroad, and that the use of a special disciplinary panel did not violate procedural due process. Students placed on probation lacked standing to challenge the disciplinary proced
• Austin v. Maxwell
  456 F.2d 1237· 5th Cir.· 1972-03-20 ·cited 4×
  The court held that the district court's findings of fact regarding the motivation for the teacher's discharge were not clearly erroneous and that the hearing provided was fundamentally fair.
• Chesley A. Steele v. Haley
  451 F.2d 1105· 1st Cir.· 1971-12-01 ·cited 4×
  The court held that abstention is appropriate in this case, and the district court should retain jurisdiction.
• King v. Hampton
  451 F.2d 247· 8th Cir.· 1971-11-24 ·cited 4×
  The court held that the plaintiff was not denied procedural due process in her dismissal from the Postal Service.
• United States v. Sandoval
  449 F.2d 1338· 10th Cir.· 1971-10-26 ·cited 4×
  The court held that the registrant's letter to the draft board was an expression of opposition to the legality of the Selective Service System, not a claim of conscientious objection.
• Zizzo v. United States
  447 F.2d 857· 7th Cir.· 1971-09-08 ·cited 4×
  The Supreme Court's decision in Mackey v. United States dictates that the Fifth Amendment privilege against self-incrimination, as interpreted in Marchetti and Grosso, should not be applied retroactively to vacate convictions that were final before those decisions, particularly w
• United States v. Merkle
  444 F.2d 411· 3d Cir.· 1971-06-21 ·cited 4×
  The court held that the registrant's conviction must be reversed because the Selective Service Board failed to provide reasons for denying his conscientious objector classification, violating procedural due process principles established in prior cases.
• Nat'l Labor Relations Bd. v. Del. Valley Armaments, Inc.
  431 F.2d 494· 3d Cir.· 1970-08-11 ·cited 4×
  The court held that the Board's subpoena enforcement order was improper because the Board failed to provide an appropriate hearing as required by statute.
• United States v. Brossard
  423 F.2d 711· 9th Cir.· 1970-02-17 ·cited 4×
  The court held that the local board was not required to reopen the registrant's classification after an order to report for induction was issued, absent a change in status due to circumstances beyond the registrant's control.
• Williams v. Fla. Real Est. Comm'n & Ronald L. Myers
  232 So. 2d 239· Fla. 4th DCA· 1970-01-21 ·cited 4×
  The Florida Real Estate Commission's jurisdiction under Chapter 475, Florida Statutes, does not extend to acts committed by a registered broker outside the State of Florida.
• Harper v. Cooper
  226 So. 2d 878· Fla. 4th DCA· 1969-10-06 ·cited 4×
  The Florida Real Estate Commission suspended Harper's real estate broker registration for failing to file a verified answer to disciplinary charges. Harper sought review, arguing he should be permitted to file a motion to quash the information without simultaneously filing a veri
• Beck v. Sec. & Exch. Comm'n
  413 F.2d 832· 6th Cir.· 1969-07-10 ·cited 4×
• Esterya Menon and Ruby Rebecca Menon v. Esperdy
  413 F.2d 644· 2d Cir.· 1969-06-30 ·cited 4×
  The court affirmed the district court's decision, holding that the Menons could be deported to Switzerland, not Turkey, under § 237(a) of the Immigration and Nationality Act.
• Metallurgical, Inc. v. The Renegotiation Bd.
  382 F.2d 843· 8th Cir.· 1967-08-28 ·cited 4×
  The Court of Appeals lacks jurisdiction to review the Tax Court's determination of excessive profits or issues related to statutory defenses like the statute of limitations, as these are not jurisdictional or constitutional matters. Petitioner also lacks standing to challenge the
• Nichols v. City OF Hialeah
  183 So. 2d 611· Fla. 3d DCA· 1966-03-01 ·cited 4×
  The appellate court held that the circuit court correctly granted a new hearing before the Personnel Board, as the review on certiorari is limited to procedural due process and not the merits of the discharge.