Procedural Due Process

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

• Moore v. City of Tallahassee
  928 F. Supp. 1140· N.D. Fla.· 1995-11-04 ·cited 2×
  Summary judgment is granted on the procedural due process claim, but genuine issues of fact remain for the substantive due process and inverse condemnation claims.
• Davis v. State
  661 So. 2d 1261· Fla. 4th DCA· 1995-10-25 ·cited 2×
  Court reversed summary denial of post-conviction relief motion where appellant raised legally sufficient claims regarding illegal adult sentencing without required findings, guideline departures without written reasons, and costs imposed without notice.
• Herring v. Singletary
  879 F. Supp. 1180· N.D. Fla.· 1995-03-10 ·cited 2×
  Herring, a Florida inmate convicted of second-degree murder, challenged the forfeiture of 1,540 days of provisional credits that had been awarded under Fla. Stat. § 944.277 (1988) but retroactively cancelled by Fla. Stat. § 944.278 (1993). The district court held that the retroac
• Cnty. OF Volusia v. Consol. Pre-Stressed Concrete, Inc.
  653 So. 2d 398· Fla. 5th DCA· 1995-02-24 ·cited 2×
• Owen v. Owen
  633 So. 2d 1156· Fla. 5th DCA· 1994-03-18 ·cited 2×
  Court reversed modification of visitation provisions because trial court improperly modified the schedule without a properly noticed hearing and testimony, despite the parties' agreement that a hearing was necessary.
• Doyle v. The Okla. BAR Ass'n
  998 F.2d 1559· 10th Cir.· 1993-07-19 ·cited 2×
  The court held that the plaintiff lacked standing to bring the action because a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another, and alternatively, that the plaintiff failed to state a claim under 42 U.S.C. § 1983 as he alleg
• Everett v. City of Tallahassee
  840 F. Supp. 1528· N.D. Fla.· 1993-07-02 ·cited 2×
  The court held that the City's denial of the plaintiff's rezoning request was not arbitrary or capricious, as it was based on a consistently applied policy regarding non-residential development along Thomasville Road.
• Hill v. City of Pontotoc
  993 F.2d 422· 5th Cir.· 1993-06-02 ·cited 2×
  The court held that the magistrate judge did not err in allowing the jury to determine causation for damages in a procedural due process claim, and that the jury's finding on mitigation of damages was reasonable.
• Moulton v. City OF Beaumont
  991 F.2d 227· 5th Cir.· 1993-05-20 ·cited 2×
  A public employee does not have a protected property interest in employment if the employer revises its employment manual to remove 'for cause' termination language, even if the employee drafted a disclaimer for the manual.
• Hause v. Vaught
  993 F.2d 1079· 4th Cir.· 1993-05-07 ·cited 2×
  The court held that a pretrial detainee's First Amendment rights regarding outside publications can be restricted if the regulation is reasonably related to legitimate penological interests, and that a lack of actual injury prevents a claim for denial of access to courts.
• Gisbert v. U.S. Attorney General
  988 F.2d 1437· 5th Cir.· 1993-04-28 ·cited 2×
  The court held that the continued detention of excluded aliens, even if indefinite, does not violate their constitutional rights, is within the Attorney General's discretionary power, and is not prohibited by international law.
• LaBARON v. United States
  989 F.2d 425· 10th Cir.· 1993-03-30 ·cited 2×
  The court held that the plaintiffs were entitled to a pre-termination hearing before the termination of their health services, and that their equal protection claim was premature.
• Benitez v. Wolff
  985 F.2d 662· 2d Cir.· 1993-02-03 ·cited 2×
  While the court found that the inmate's due process rights were violated by not being allowed to retain written disciplinary charges for 24 hours, it affirmed the dismissal because the right was not clearly established at the time, entitling the officials to qualified immunity.
• Barnes v. Healy
  980 F.2d 572· 9th Cir.· 1992-11-25 ·cited 2×
  The court held that due process requires specific information in child support notices, including the federally defined collection date and specific reasons for denying pass-through payments, and that such notice must extend to non-AFDC families.
• Nat'l Ass'n OF Radiation Survivors v. Derwinski
  994 F.2d 583· 9th Cir.· 1992-11-24 ·cited 2×
  The court held that the $10 attorney fee limitation for VA benefits claims does not violate due process or First Amendment rights for IR claimants, reversing the district court's decision.
• Osborn v. Ashland Cnty. Bd. OF Alcohol
  979 F.2d 1131· 6th Cir.· 1992-10-29 ·cited 2×
  The court affirmed the district court's summary judgment, holding that res judicata barred Osborn's federal due process claim because it had been fully litigated and decided in state court.
• Brickner v. Voinovich
  977 F.2d 235· 6th Cir.· 1992-10-13 ·cited 2×
  The court held that adequate state mechanisms existed to provide due process to the plaintiff, affirming the district court's judgment.
• United States v. Jenkins
  974 F.2d 32· 5th Cir.· 1992-10-05 ·cited 2×
  The denial of a motion to dismiss a pretrial restraining order issued under RICO is an immediately appealable interlocutory order, and the order itself was not an impermissible prior restraint or overbroad.
• Deutsch v. Burlington N. R.R. Co.
  983 F.2d 741· 7th Cir.· 1992-09-21 ·cited 2×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding the railroad's negligence, and thus summary judgment was properly granted. The court also held that the plaintiff's procedural due process claim regarding
• McCAMMON v. Ind. Dep't OF Fin. Insts.
  973 F.2d 1348· 7th Cir.· 1992-09-01 ·cited 2×
  Employees dismissed from a state agency had a protectible property interest in their employment under a statute listing specific causes for dismissal, entitling them to due process.
• Brown v. Indep. Sch. Dist. no. I-06 of McCURTAIN Cnty.
  974 F.2d 1237· 10th Cir.· 1992-08-24 ·cited 2×
  The court held that school support personnel employed under annual contracts do not have a property interest in the renewal of those contracts, absent a specific statutory or policy provision to the contrary.
• Koopman v. Water Dist. NO. 1 OF Johnson Cnty.
  972 F.2d 1160· 10th Cir.· 1992-08-10 ·cited 2×
  The court held that summary judgment was improperly granted on the procedural due process claim because a genuine issue of material fact existed regarding an implied contract of employment, but affirmed summary judgment on the retaliatory discharge claim due to lack of evidence o
• Gwynedd Props., Inc. v. Lower Gwynedd Twp.
  970 F.2d 1195· 3d Cir.· 1992-07-15 ·cited 2×
  The court held that federal adjudication of most of GPI's claims would not interfere with ongoing state proceedings, thus reversing the district court's dismissal on Younger abstention grounds for those claims.
• Bigelow v. Mich. Dep't OF Natural Res. & David F. Hales
  970 F.2d 154· 6th Cir.· 1992-07-14 ·cited 2×
  The court held that the plaintiffs' federal claims (takings, equal protection, procedural due process) were not ripe for review because they had not exhausted available state remedies, specifically inverse condemnation proceedings.
• Gold Coast Publ'ns, Inc. v. Corrigan
  798 F. Supp. 1558· S.D. Fla.· 1992-07-09 ·cited 2×
  The court held that the Coral Gables newsrack ordinance's provisions on rack color, lettering size, and the term 'equivalent' were unconstitutional prior restraints, but the rest of the ordinance was valid and severable.
• Gardner v. City OF Baltimore Mayor & City Council
  969 F.2d 63· 4th Cir.· 1992-07-06 ·cited 2×
  The court held that appellants possessed no property interest protected by the Fourteenth Amendment because Baltimore's land-use regulations granted city officials discretion regarding development approval.
• DOE v. Cowherd
  965 F.2d 109· 6th Cir.· 1992-06-01 ·cited 2×
  The court held that the state's statute is constitutionally infirm for failing to provide for the release of voluntarily admitted patients upon request, but reversed this finding due to lack of a case or controversy. It affirmed that the 'beyond a reasonable doubt' standard of pr
• Haymons v. Williams
  795 F. Supp. 1511· M.D. Fla.· 1992-04-30 ·cited 2×
  The court held that the termination of home health care providers under the Medicaid program, which resulted in the cessation of benefits for recipients without prior notice or hearing, constituted a termination of benefits triggering procedural due process rights under the Medic
• J.B. Ranch, Inc. v. Grand Cnty.
  958 F.2d 306· 10th Cir.· 1992-03-03 ·cited 2×
  The court held that the plaintiff's Fifth Amendment takings and due process claims were not ripe for federal review because the plaintiff had not first pursued available state remedies for just compensation.
• United States v. Coy Ray Phelps
  955 F.2d 1258· 9th Cir.· 1992-02-04 ·cited 2×
  The court held that an insanity acquittee's Fifth Amendment privilege against self-incrimination is not violated by a court-ordered psychiatric examination or compelled testimony at a release hearing, as these proceedings are civil in nature. The court also held that the statute
• Marcelino Toquero v. Immigr. & Naturalization Serv.
  956 F.2d 193· 9th Cir.· 1992-01-31 ·cited 2×
  The court held that the Petitioner's Notice of Appeal did not meaningfully state the reasons for appeal, and counsel's failure to file a brief justified the BIA's summary dismissal.
• Keener v. E. Associated Coal Corp.
  954 F.2d 209· 4th Cir.· 1992-01-15 ·cited 2×
  The court held that the miner's withdrawal of his black lung benefits application was valid and supported by substantial evidence, even if he was misinformed about certain details, and that his widow's procedural due process claim was without merit.
• Texanita Cole v. Ruidoso Mun. Schs.
  947 F.2d 903· 10th Cir.· 1991-10-29 ·cited 2×
  Government officials are entitled to qualified immunity when the plaintiff's alleged rights were not clearly established under the relevant state law at the time of the conduct.
• Hansen v. White
  947 F.2d 1378· 9th Cir.· 1991-10-28 ·cited 2×
  The court held that the trial court erred in granting summary judgment on due process and contract claims, and that an erroneous jury instruction prejudiced the First Amendment claim.
• Bivens v. State
  586 So. 2d 442· Fla. 4th DCA· 1991-09-18 ·cited 2×
  James Bivens was convicted of possessing 1,088 marine turtle eggs and fined $500 plus an additional $100 per egg ($108,800) under Florida's endangered species statute. The Fourth District Court of Appeal reversed, holding that turtle eggs are not enumerated in the statute's addit
• Len Martucci v. Avery Johnson
  944 F.2d 291· 6th Cir.· 1991-09-12 ·cited 2×
  The court held that administrative segregation for escape prevention, based on credible information, does not violate due process rights, and mail restrictions are permissible if reasonably related to penological interests.
• Aacen v. SAN Juan Cnty. Sheriff's Dep't
  944 F.2d 691· 10th Cir.· 1991-09-05 ·cited 2×
  New Mexico's post-judgment execution statutes are unconstitutional because they fail to provide debtors with constitutionally sufficient notice of available property exemptions and the means to assert them. However, the statutes do provide for prompt hearings, and officials are e
• Thurner v. Cheri J. Thurner
  584 So. 2d 150· Fla. 2d DCA· 1991-08-09 ·cited 2×
  The court held that the trial court erred in adjudicating the husband in criminal contempt and awarding attorneys' fees due to procedural defects and insufficient evidence, but affirmed the order striking his motion for a commissioner.
• Fed. Deposit Ins. Corp. for Liberty Bank of Seattle v. Sim Henderson
  940 F.2d 465· 9th Cir.· 1991-07-29 ·cited 2×
  The court held that the plaintiff failed to produce sufficient evidence to create a genuine issue of material fact regarding racial discrimination or arbitrary government action, and thus summary judgment for the defendant was appropriate.
• Tiny Tim Gilbert v. Frazier
  931 F.2d 1581· 7th Cir.· 1991-05-16 ·cited 2×
  Illinois prison regulations governing minor disciplinary infractions create a liberty interest protected by the Fourteenth Amendment's due process clause.
• Telena D. Woolsey v. Hunt
  932 F.2d 555· 6th Cir.· 1991-05-09 ·cited 2×
  The court held that the plaintiff did not possess a constitutionally protected property interest in continued employment because Tennessee law does not recognize implied contracts for such employment.
• E. Jean (Calloway) Carter v. Sedgwick Cnty.
  929 F.2d 1501· 10th Cir.· 1991-04-08 ·cited 2×
  The court held that a discriminatory discharge claim is not actionable under 42 U.S.C. § 1981 following Patterson v. McLean, but may be actionable under Title VII. Awards of damages and attorney's fees under § 1981 are vacated, and the case is remanded for clarification of Title
• J.B. Coxwell Contracting, Inc. v. State
  580 So. 2d 621· Fla. 1st DCA· 1991-02-14 ·cited 2×
  J.B. Coxwell Contracting, Inc. appeals the Department of Transportation's denial of its Disadvantaged Business Enterprise (DBE) certification renewal based on a rule amendment requiring tribal members to be recognized by the U.S. Department of Interior. The court affirms, holding
• Gramm v. City OF Port ST. Lucie
  574 So. 2d 1163· Fla. 4th DCA· 1991-02-06 ·cited 2×
  The court held that the Civil Service Appeals Board's order upholding termination was defective on due process grounds because it lacked written findings of fact and conclusions of law.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• Bright v. Parra
  919 F.2d 31· 5th Cir.· 1990-12-13 ·cited 2×
  The court held that section 204(h) of the Immigration and Nationality Act, as amended, does not violate the procedural due process rights of U.S. citizen spouses, nor their fundamental rights to marry or reside in the U.S.
• Long v. Collins
  917 F.2d 3· 5th Cir.· 1990-11-13 ·cited 2×
  The court held that inmates' claims for equitable relief must be pursued through the existing Ruiz class action, and their claim for punitive damages is frivolous.
• Miles v. Metro. Dade Cnty.
  916 F.2d 1528· 11th Cir.· 1990-11-09 ·cited 2×
  The court held that billing court costs to tenants against whom eviction actions were improperly brought is illegal. However, tenants against whom eviction actions were properly brought and who subsequently paid court costs are not entitled to relief under the Brooke Amendment an
• The Prudential Ins. Co. OF Am. v. Moorhead
  916 F.2d 261· 5th Cir.· 1990-11-02 ·cited 2×
  The court held that the statutory classification scheme for designating beneficiaries of Servicemen's Group Life Insurance (SEGLI) for illegitimate children, which requires paternity to be established during the insured's lifetime, is substantially related to important government
• Coriz v. Martinez
  915 F.2d 1469· 10th Cir.· 1990-10-16 ·cited 2×
  The court held that the defendants were qualifiedly immune because the law regarding the adequacy of New Mexico's post-deprivation remedies was not clearly established at the time of the incident.