Procedural Due Process

3,616 Florida cases classified under this topic, plus 62 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Little v. City OF N. Miami
  805 F.2d 962· 11th Cir.· 1986-12-09 ·cited 53×
  The court held that a public censure resolution by a city council, if retaliatory, can violate First Amendment rights and procedural due process, but not the Sixth Amendment or the prohibition against bills of attainder if it lacks the force of law.
• Moises Garcia-Mir v. Meese
  781 F.2d 1450· 11th Cir.· 1986-01-21 ·cited 53×
  The court agreed with the result reached by the majority, but disagreed with the majority's assessment of the merits of the government's case.
• Reid v. Engen
  765 F.2d 1457· 9th Cir.· 1985-07-19 ·cited 53×
  The court held that constitutional challenges to an agency's jurisdiction or power can be raised on appeal even if not presented to the agency, but statutory interpretation and procedural error claims require a showing of reasonable grounds for failure to raise them before the ag
• Johnson v. Brelje
  701 F.2d 1201· 7th Cir.· 1983-02-18 ·cited 53×
  The dissenting judge believes the Illinois Criminal Code and Mental Health Code provide sufficient due process for individuals found unfit to stand trial, making additional federal due process requirements unnecessary.
• Peoples Bank OF Indian River Cnty. (proposed new bank) v. State
  395 So. 2d 521· Fla.· 1981-02-26 ·cited 53×
  Peoples Bank challenged the Department of Banking and Finance's denial of its banking license application, attacking the constitutionality of statutory provisions and claiming the agency improperly considered extraneous data without affording an opportunity for rebuttal. The Flor
• Jackson v. Stinchcomb
  635 F.2d 462· 5th Cir.· 1981-01-27 ·cited 53×
  The court held that the district court abused its discretion in granting a preliminary injunction for reinstatement because the plaintiff's federal claims were unlikely to succeed on the merits and the state law claim could not support federal jurisdiction.
• Haire v. Fla. Dep't OF Agric. & Consumer Servs.
  870 So. 2d 774· Fla.· 2004-02-12 ·cited 52×
  The Florida Supreme Court upheld the constitutionality of the Citrus Canker Eradication Law, which authorizes the Department of Agriculture to destroy healthy citrus trees within 1,900 feet of infected trees. The Court held that the statute is a valid exercise of the State's poli
• Reyes v. State
  854 So. 2d 816· Fla. 4th DCA· 2003-09-10 ·cited 52×
  Reyes challenged Florida's Sexual Predator Act as violating his procedural and substantive due process rights and the separation of powers clause after being designated a sexual predator following his guilty plea to attempted sexual battery on a minor. The Fourth District Court o
• United States v. Galloway
  976 F.2d 414· 8th Cir.· 1992-09-17 ·cited 52×
  The court held that U.S.S.G. § 1B1.3(a)(2) is authorized by statute and does not violate constitutional rights, allowing consideration of uncharged conduct in sentencing.
• Penry v. Lynaugh
  832 F.2d 915· 5th Cir.· 1987-11-25 ·cited 52×
  The court held that Texas law did not permit the jury to consider all of Penry's personal mitigating circumstances prior to sentencing, but was bound by superior authority to reject this contention.
• Mendoza v. Miller
  779 F.2d 1287· 7th Cir.· 1985-12-19 ·cited 52×
  The majority holds that the petitioner was not denied due process because the record contained sufficient indicia of informant reliability, the petitioner waived his right to exculpatory material, and the magistrate properly handled in camera review.
• United States v. Exxon Corp.
  773 F.2d 1240· Temp. Emer. Ct. App.· 1985-07-01 ·cited 52×
  The court held that the District Court's order to pay overcharge funds to the Treasury without notice and hearing to potential victims violated equitable principles and Due Process.
• Cloutier v. The Town OF Epping
  714 F.2d 1184· 1st Cir.· 1983-08-05 ·cited 52×
  The court affirmed the dismissal of the federal claims, finding that while jurisdiction might not have been entirely lacking, the claims either failed to state a federal question or were barred by immunity, and that summary judgment was appropriate on the merits.
• Wise v. Bravo
  666 F.2d 1328· 10th Cir.· 1981-12-14 ·cited 52×
  The court held that while state law primarily governs family relations, the Constitution protects fundamental rights within family life, and state interference with these rights may be actionable under Section 1983 if egregious and lacking due process.
• Ross v. Horn
  598 F.2d 1312· 3d Cir.· 1979-05-25 ·cited 52×
  The court held that New Jersey's procedures for handling suspected unemployment fraud, which include a pre-determination interview but not a full evidentiary hearing, satisfy due process and the "when due" requirement. However, the court remanded the attorney's fees issue for fur
• Weathers v. W. Yuma Cnty. Sch. Dist. R-J-1
  530 F.2d 1335· 10th Cir.· 1976-02-25 ·cited 52×
  A nontenured teacher's nonrenewal is not a deprivation of liberty or property interests protected by the Fourteenth Amendment unless the reasons for nonrenewal impose a stigma that forecloses future employment opportunities.
• Gomes v. Travisono
  510 F.2d 537· 1st Cir.· 1974-12-20 ·cited 52×
  Interstate prisoner transfers, regardless of purpose, trigger minimal due process safeguards, including written notice, opportunity to prepare, hearing, and written statement of reasons, consistent with Wolff v. McDonnell.
• Woodbury v. McKINNON
  447 F.2d 839· 5th Cir.· 1971-07-12 ·cited 52×
• Sindermann v. Perry
  430 F.2d 939· 5th Cir.· 1970-08-10 ·cited 52×
  A public college's refusal to renew a teacher's contract based on the exercise of First Amendment rights is impermissible, and summary judgment is inappropriate when constitutional claims are disputed.
• Bendiburg v. Dempsey
  909 F.2d 463· 11th Cir.· 1990-08-20 ·cited 51×
  The court held that summary judgment for private defendants on § 1983 due process claims was improper, reversing that decision, but affirmed summary judgment for Dr. Shadeed on those claims and affirmed the denial of summary judgment on state law battery claims.
• Correa-Martinez v. Arrillaga-Belendez
  903 F.2d 49· 1st Cir.· 1990-04-30 ·cited 51×
  A public employee's association with a politically disfavored individual, without more, does not implicate the First Amendment unless the employee's own political beliefs or advocacy are involved.
• Littlefield v. City OF Afton
  785 F.2d 596· 8th Cir.· 1986-01-03 ·cited 51×
  The court held that appellants had a protected property interest in the building permit under Minnesota law, and thus were entitled to procedural due process. However, the court affirmed the dismissal of the procedural due process claim as appellants received adequate notice and
• W. Reserve OIL & GAS Co. v. NEW
  765 F.2d 1428· 9th Cir.· 1985-07-17 ·cited 51×
  The court held that the plaintiff failed to state a claim for deprivation of a constitutionally protected property or liberty interest, and thus, the Bivens action against IRS agents was properly dismissed.
• Wieczoreck v. H & H Builders, Inc.
  450 So. 2d 867· Fla. 5th DCA· 1984-05-03 ·cited 51×
  In this supplementary proceeding, the court affirmed a judgment finding that a property conveyance from Nelson L. Davis to Theodore Wieczoreck constituted a fraudulent transfer designed to defraud Davis's creditors. The court resolved a split in Florida authority by holding that
• E. Oakland-Fruitvale Planning Council v. Rumsfeld
  471 F.2d 524· 9th Cir.· 1972-12-08 ·cited 51×
  The court held that while the Director's ultimate decision on whether to override a governor's veto is unreviewable due to broad discretion, the Director has a statutory obligation to reconsider vetoed grants, and procedural claims related to hearings and findings are judicially
• Norco Constr., Inc. v. King Cnty.
  801 F.2d 1143· 9th Cir.· 1986-10-03 ·cited 50×
  The court held that Norco's federal and state claims were not barred by the statute of limitations because they did not accrue until the county made a final decision on the plat application, and that the claims were not barred by res judicata because the prior mandamus action cou
• Korf v. Ball State Univ.
  726 F.2d 1222· 7th Cir.· 1984-02-08 ·cited 50×
  The court held that the district court did not err in granting summary judgment to the defendants, affirming the dismissal of the professor's constitutional and state law claims.
• Muscare v. Quinn
  614 F.2d 577· 7th Cir.· 1980-02-13 ·cited 50×
  The court held that attorney's fees should only be awarded for the claim upon which the plaintiff prevailed, not for unsuccessful claims, and remanded for recalculation.
• Durso v. Rowe
  579 F.2d 1365· 7th Cir.· 1978-07-19 ·cited 50×
  Revocation of a prisoner's work-release status may implicate a constitutionally protected liberty interest if based on state law or practice conditioning such revocation upon proof of misconduct or specified events, and equal protection claims are not limited to suspect classific
• Walker v. Hughes
  558 F.2d 1247· 6th Cir.· 1977-06-24 ·cited 50×
  The dissenting judge would affirm the district court's holding that due process requires a hearing before a prisoner is placed in segregation, absent emergency circumstances.
• Accu-Namics, Inc. v. Occupational Safety & Health Review Comm'n
  515 F.2d 828· 5th Cir.· 1975-07-11 ·cited 50×
  The court held that even if the Secretary of Labor committed procedural violations during an OSHA inspection, these violations do not require vacating a citation if the employer shows no prejudice, and the Commission can proceed to the merits if substantial evidence supports the
• Buhr v. Buffalo Pub. Sch. Dist. NO. 38
  509 F.2d 1196· 8th Cir.· 1974-12-31 ·cited 50×
  A non-tenured public school teacher's termination does not violate due process unless it deprives them of a constitutionally protected liberty or property interest.
• Simard v. Bd. OF Educ. OF the Town OF Groton
  473 F.2d 988· 2d Cir.· 1973-01-30 ·cited 50×
  The court affirmed the district court's dismissal, holding that the plaintiff teacher's constitutional rights were not violated by the denial of tenure.
• Nolan v. Palmer C. Scafati
  430 F.2d 548· 1st Cir.· 1970-08-14 ·cited 50×
  The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
• Crews v. Cloncs
  432 F.2d 1259· 7th Cir.· 1970-08-10 ·cited 50×
  The court held that the school district failed to provide a substantial justification for excluding a student based on his long hair, violating his constitutional rights.
• Application of Frederick C. Foster
  343 F.2d 980· C.C.P.A.· 1965-04-15 ·cited 50×
  The court, in a dissenting opinion, argues that the majority's decision overrules prior precedent and improperly expands the scope of 35 U.S.C. § 102(b) by holding that an invention can lose patentability if it becomes obvious more than one year before filing, even if the prior a
• Emil Yaich v. United States
  283 F.2d 613· 9th Cir.· 1960-08-02 ·cited 50×
  The court held that the selective service file, including a letter from the National Director, was properly authenticated and admissible as evidence, and that the appellant waived his right to make a statement before sentencing.
• Yankey v. Dep't of Hwy. Safety & Motor Vehicles
  6 So. 3d 633· Fla. 2d DCA· 2009-02-20 ·cited 49×
  Sarah Yankey petitioned for certiorari to challenge a circuit court order that denied her relief from an administrative license suspension. The circuit court had held that the Department of Highway Safety and Motor Vehicles was not authorized to issue a subpoena for an agency ins
• Schaper v. City OF Huntsville
  813 F.2d 709· 5th Cir.· 1987-04-06 ·cited 49×
  The court held that allegations of bias and conspiracy in pre-termination hearings, even if true, do not state a procedural or substantive due process claim when a post-termination administrative remedy is available.
• Duval Util. Co. v. The Fla. Pub. Serv. Comm'n
  380 So. 2d 1028· Fla.· 1980-02-21 ·cited 49×
  The Florida Supreme Court quashed portions of Public Service Commission orders conditioning approval of service availability charges on utilities' agreement to hold such charges solely for customers' benefit in any future sale or condemnation. The Court found the Commission lacke
• Perez v. Univ. OF Puerto RICO
  600 F.2d 1· 1st Cir.· 1979-06-19 ·cited 49×
  The court held that the district court erred in denying attorney's fees to prevailing plaintiffs based on 'special circumstances' when only nominal damages were awarded.
• Cardaropoli v. Norton
  523 F.2d 990· 2d Cir.· 1975-09-29 ·cited 49×
  The court held that federal prisoners classified as 'Special Offenders' are entitled to basic due process protections before the designation is imposed, including notice, an opportunity to be heard, and a written statement of reasons.
• The Anaconda Co. v. Ruckelshaus
  482 F.2d 1301· 10th Cir.· 1973-08-08 ·cited 49×
  The concurring judge agrees with the majority on the merits but criticizes the EPA's procedural method of setting an arbitrary emission figure for discussion.
• Briscoe v. Kusper
  435 F.2d 1046· 7th Cir.· 1970-12-22 ·cited 49×
• Thomas v. Evans
  880 F.2d 1235· 11th Cir.· 1989-08-21 ·cited 48×
  The court held that the district court abused its discretion by imposing Rule 11 sanctions because the record was insufficient to support findings of no reasonable legal or factual basis for the claims, and the improper purpose finding was dependent on those flawed conclusions.
• Garcia v. Miera
  817 F.2d 650· 10th Cir.· 1987-04-28 ·cited 48×
  The court held that grossly excessive corporal punishment can violate a student's substantive due process rights and that the law was clearly established at the time of the incidents, thus reversing the grant of qualified immunity.
• Hogue v. Clinton
  791 F.2d 1318· 8th Cir.· 1986-05-27 ·cited 48×
  The court held that the plaintiff did not possess a property interest in continued employment under Arkansas law, but remanded for a determination of whether a liberty interest was violated due to public dissemination of stigmatizing reasons for termination.
• McCLARY v. O'Hare
  786 F.2d 83· 2d Cir.· 1986-03-17 ·cited 48×
  The court held that a public employee's death resulting from an employer's reckless disregard of safety regulations, without more, does not constitute a deprivation of life without due process under 42 U.S.C. § 1983, especially when the conduct is not uniquely governmental.
• Endicott v. Huddleston
  644 F.2d 1208· 7th Cir.· 1980-08-15 ·cited 48×
  The court held that while the plaintiff suffered a procedural due process violation due to an inadequate initial hearing, a subsequent adequate hearing remedied this wrong, and he is entitled to damages only for interim injuries. The court also found insufficient evidence of a co
• United States Labor Party v. Oremus
  619 F.2d 683· 7th Cir.· 1980-04-24 ·cited 48×
  The court held that the plaintiffs' complaint failed to state a claim for relief under the First Amendment, Fourteenth Amendment Due Process Clause, or Equal Protection Clause, and that the district court did not abuse its discretion in denying their post-judgment motion to amend