Procedural Due Process

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

• Carmelo Hernandez v. Cremer
  913 F.2d 230· 5th Cir.· 1990-10-02 ·cited 2×
  The court should reverse the district court's grant of a superintending injunction because the likelihood of the plaintiff encountering the same treatment again is too speculative.
• Sinicropi v. Milone
  915 F.2d 66· 2d Cir.· 1990-09-19 ·cited 2×
  The court held that the district court erred in dismissing the case based on collateral estoppel because the parties had previously entered into a stipulation waiving those defenses.
• Crooks v. Maynard
  913 F.2d 699· 9th Cir.· 1990-08-31 ·cited 2×
  The court held that Judge Maynard is protected by absolute judicial immunity because issuing a contempt citation to enforce a judicial order constitutes a judicial act performed within his colorable jurisdiction.
• van Emrik v. Chemung Cnty. Dep't OF Soc. Servs. & Nancy Smith
  911 F.2d 863· 2d Cir.· 1990-08-13 ·cited 2×
  The court held that the caseworkers were entitled to qualified immunity because it was objectively reasonable for them to believe their actions did not violate clearly established constitutional rights, and the Department was not liable as no policy or custom caused a constitutio
• Fla. Paraplegic Ass'n v. Martinez
  734 F. Supp. 997· S.D. Fla.· 1990-03-30 ·cited 2×
  The court held that plaintiff has standing to sue for nominal damages and that defendants, sued in their official capacities, are not 'persons' under 42 U.S.C. § 1983, but can be sued individually if they violated clearly established constitutional rights.
• Kerr Ctr. Parents Assoc. v. Charles
  897 F.2d 1463· 9th Cir.· 1990-02-26 ·cited 2×
  The court held that while the state violated the EAHCA by failing to adequately fund education for handicapped children, the district court's specific relief order was too prescriptive. The court also found that exhaustion of administrative remedies was not required due to futili
• Alan J. Mishler, M.D. v. Nev. State Bd. OF Med. Exam'rs
  896 F.2d 408· 9th Cir.· 1990-02-16 ·cited 2×
  The court held that the defendants did not deprive the plaintiff of any protected interest, and therefore, no due process violation occurred.
• Alessi v. Commonwealth OF Pa.
  893 F.2d 1444· 3d Cir.· 1990-01-11 ·cited 2×
  The Eleventh Amendment bars federal courts from awarding relief for violations of state law, even if framed as a procedural due process claim.
• Melvyn Kaufman v. The City OF NEW York
  891 F.2d 446· 2d Cir.· 1989-12-08 ·cited 2×
  The court affirmed the district court's dismissal of the plaintiffs' federal constitutional claims on the merits and their state claims for lack of jurisdiction.
• Guenther v. Commissioner OF Internal Revenue
  889 F.2d 882· 9th Cir.· 1989-11-14 ·cited 2×
  The court held that the Tax Court's denial of an evidentiary hearing on an ex parte communication was improper, requiring a remand for further proceedings.
• Avila v. Rivkind
  724 F. Supp. 945· S.D. Fla.· 1989-11-08 ·cited 2×
  The Attorney General has the ultimate authority to exclude an alien based on national security concerns, even if preliminary procedures suggested otherwise, and this decision is largely unreviewable by courts.
• Taylor v. Armontrout
  894 F.2d 961· 8th Cir.· 1989-10-31 ·cited 2×
  A Missouri Department of Corrections Rule creates a liberty interest protected by the Fourteenth Amendment, requiring procedural due process for denial of visitation.
• Wash. Urban League v. Fed. Energy Regulatory Comm'n
  886 F.2d 1381· 3d Cir.· 1989-09-25 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) reasonably interpreted a settlement agreement, allowing Columbia Gas Transmission Corp. to retain certain refunds, and that FERC did not act arbitrarily or capriciously in upholding the settlement's terms over co
• Davis v. Mann
  882 F.2d 967· 5th Cir.· 1989-09-08 ·cited 2×
  A medical resident dismissed for academic reasons, who received full salary, is not entitled to the extensive procedural protections afforded to employees terminated from their jobs, and the university provided sufficient process under the Fourteenth Amendment.
• Metro. Dade Cnty. v. Rudoff
  544 So. 2d 1118· Fla. 3d DCA· 1989-06-13 ·cited 2×
  The court reiterates the standard of review for circuit court certiorari review of administrative action, emphasizing procedural due process, essential legal requirements, and competent substantial evidence.
• Dante Todaro v. Bowman
  872 F.2d 43· 3d Cir.· 1989-04-10 ·cited 2×
  The court held that summary judgment was improvidently granted because genuine issues of material fact remain regarding whether the prisoner's confinement was punitive and whether prison regulations created a protected liberty interest.
• Meryl Meder v. City OF Okla. City
  869 F.2d 553· 10th Cir.· 1989-03-07 ·cited 2×
  The court held that the employee received adequate procedural due process regarding his termination, even if a property interest existed, and that his liberty interest claim also failed.
• Limerick Ecology Action, Inc. v. United States Nuclear Regulatory Comm'n & the United States
  869 F.2d 719· 3d Cir.· 1989-02-28 ·cited 2×
  The court, in a dissenting opinion, held that the Nuclear Regulatory Commission (NRC) acted arbitrarily and capriciously in excluding the risk of sabotage from its environmental impact assessment for the Limerick nuclear power plant.
• Hanson v. Clarke Cnty.
  867 F.2d 1115· 8th Cir.· 1989-02-10 ·cited 2×
  The court held that while the case presented a live controversy due to potential damages, the plaintiff did not possess a constitutional right to placement in the least restrictive environment or optimal care, only adequate care as provided by state law.
• Raben-Pastal v. City OF Coconut Creek
  545 So. 2d 885· Fla. 4th DCA· 1989-01-25 ·cited 2×
  A construction company appealed a post-trial judgment setting aside a jury verdict in its federal civil rights action against a city and its building official for allegedly violating the company's constitutional rights by improperly maintaining stop-work orders. The appellate cou
• Woodson v. Lack
  865 F.2d 107· 6th Cir.· 1989-01-13 ·cited 2×
  The court held that the prisoner was entitled to due process protections because his transfer to administrative segregation was punitive for a rule infraction, and the Bills case remains good law.
• United States v. Bushman
  862 F.2d 1327· 8th Cir.· 1988-12-09 ·cited 2×
  The court held that federal courts lack subject matter jurisdiction over claims that Medicare Part B benefit determinations were procedurally flawed, as these claims are inextricably intertwined with claims for benefits.
• Aschan v. C.J. Auger
  861 F.2d 520· 8th Cir.· 1988-11-18 ·cited 2×
  The court held that the appellant breached the pre-trial diversion agreement, thus forfeiting the bargained-for lesser charge, and that the state trial court did not misallocate the burden of proof.
• Mueller v. Regents OF the Univ. OF Minn.
  855 F.2d 555· 8th Cir.· 1988-08-26 ·cited 2×
  The court held that the University provided adequate notice and a fair hearing, and that substantial evidence supported the termination decision, thus affirming the grant of summary judgment.
• Anderson v. The City OF Philadelphia
  845 F.2d 1216· 3d Cir.· 1988-05-02 ·cited 2×
  The court held that the use of polygraph testing for pre-employment screening by city law enforcement departments does not violate plaintiffs' constitutional rights to due process or equal protection.
• Jarrett v. Gramling
  841 F.2d 354· 10th Cir.· 1988-03-02 ·cited 2×
  A prior state court judgment in a mandamus action bars a subsequent federal § 1983 action if both arise from the same transaction or occurrence, under Oklahoma law and the Full Faith and Credit Act.
• Sproul v. City OF Wooster
  840 F.2d 1267· 6th Cir.· 1988-02-26 ·cited 2×
  The court held that the city council did not delegate authority over extra-territorial expansion of water and sewer lines to the administrative branch.
• Harrison v. United States Postal Serv.
  840 F.2d 1149· 4th Cir.· 1988-02-25 ·cited 2×
  The court held that the plaintiff received all the process due him under the Fifth Amendment, and the Postal Service did not abuse its discretion in decertifying him from mail access.
• Aurea Jimenez-Torres de Panepinto v. Saldana
  834 F.2d 25· 1st Cir.· 1987-12-02 ·cited 2×
  A university faculty member assigned administrative duties as library director does not acquire a property interest in that position, even if they have tenure as a faculty member.
• Faldraga v. Carnes
  674 F. Supp. 845· S.D. Fla.· 1987-11-23 ·cited 2×
  The court held that the plaintiff's failure to comply with the statutory bond requirement for judicial forfeiture proceedings deprived the court of subject matter jurisdiction and that the bond requirement itself did not violate due process or equal protection rights.
• Morrash v. Strobel
  842 F.2d 64· 4th Cir.· 1987-10-06 ·cited 2×
  The court held that the City was not liable under 42 U.S.C. § 1983 as the Director of Public Safety was not a final policymaker, and that the officers' transfers did not violate their due process or freedom of association rights.
• Grant v. Meyer
  828 F.2d 1446· 10th Cir.· 1987-09-02 ·cited 2×
  The Tenth Circuit Court of Appeals held that Colorado's statute prohibiting payment for the circulation of initiative or referendum petitions violates the First and Fourteenth Amendments. The court found that paying circulators is a form of political speech essential for dissemin
• Brown v. State
  510 So. 2d 647· Fla. 2d DCA· 1987-07-29 ·cited 2×
  The court held that costs assessed under a statute not in effect at the time of the offense violate the ex post facto clause, and costs requiring notice must be afforded that procedural due process.
• Rheuport v. Ferguson
  819 F.2d 1459· 8th Cir.· 1987-05-28 ·cited 2×
  The court held that a new trial on damages is necessary due to the jury's general verdict being inconsistent with post-trial rulings eliminating some defendants' liability. The court also affirmed the dismissal of the federal due process claim.
• Sparks v. The Character & Fitness Comm. OF Ky.
  818 F.2d 541· 6th Cir.· 1987-05-11 ·cited 2×
  Officials performing quasi-judicial duties related to bar admissions, even if not judges, are entitled to absolute judicial immunity.
• The Mall Bank v. State
  506 So. 2d 460· Fla. 1st DCA· 1987-04-21 ·cited 2×
  The court held that a lack of record activity for over a year does not warrant dismissal for lack of prosecution when the opposing party has not sought prompt enforcement of a prior order requiring payment of funds.
• Gamble v. C.L. Webb
  806 F.2d 1258· 5th Cir.· 1986-12-31 ·cited 2×
  A temporary suspension of a horse owner's license, pending a prompt hearing, does not violate procedural due process, even without a pre-suspension hearing.
• Haberle v. The Univ. OF Ala. IN Birmingham
  803 F.2d 1536· 11th Cir.· 1986-11-12 ·cited 2×
  The court held that the student's dismissal from the Ph.D. program did not violate his procedural or substantive due process rights, as the university followed constitutionally adequate procedures and the dismissal was not an arbitrary departure from academic norms.
• McADAMS v. Matagorda Cnty. Appraisal Dist.
  798 F.2d 842· 5th Cir.· 1986-09-02 ·cited 2×
  The court held that a public employee's refusal to perform job duties, even if verbalized, does not transform into a First Amendment right and that the employee was not terminated for constitutionally protected speech.
• Lawson v. Wainwright
  641 F. Supp. 312· S.D. Fla.· 1986-07-18 ·cited 2×
  The court held that the Department of Corrections' refusal to permit inmates to receive Hebrew Israelite religious literature and practice their faith violated the First and Fourteenth Amendments, as the faith was bona fide and the materials did not pose a clear and present dange
• Mullins v. The City OF Huntsville
  785 F.2d 1529· 11th Cir.· 1986-04-07 ·cited 2×
  The court held that the district court erred in granting summary judgment for the City of Huntsville because genuine issues of material fact remained regarding whether the disciplinary actions constituted official policy under Monell.
• Cont'l AIR Lines, Inc. v. Dole
  784 F.2d 1245· 5th Cir.· 1986-03-14 ·cited 2×
  The court held that Continental received adequate procedural due process and that the Civil Aeronautics Board's award was supported by substantial evidence and consistent with the Federal Aviation Act and the Fifth Amendment.
• Cline v. Supreme Court OF Ga.
  781 F.2d 1541· 11th Cir.· 1986-02-10 ·cited 2×
  A state rule distinguishing between graduates of approved and non-approved law schools for bar admission, and limiting the number of times an applicant may take the exam, does not violate substantive due process or equal protection.
• Joyce v. Mavromatis
  783 F.2d 56· 6th Cir.· 1986-02-10 ·cited 2×
  The court held that the alleged actions by police chiefs to obstruct a state court lawsuit do not state a federal constitutional claim under the First Amendment, due process, or equal protection.
• Hartley v. Camden R. Fine
  780 F.2d 1383· 8th Cir.· 1985-12-31 ·cited 2×
  The court held that the district court properly instructed the jury on causation and qualified immunity, and that the plaintiff failed to establish a property right in his employment under Missouri law.
• Clients' Council v. Pierce
  778 F.2d 518· 8th Cir.· 1985-12-05 ·cited 2×
  A party is entitled to attorneys' fees under 42 U.S.C. § 1988 when they prevail on a constitutional claim that is identical to a statutory claim under which fees are available, even if the statutory claim was not explicitly pursued in the final pleadings.
• Miera v. First Sec. Bank OF Utah, N.A.
  776 F.2d 902· 10th Cir.· 1985-11-07 ·cited 2×
  The court held that procedural irregularities, including the entry of a pretrial order and partial summary judgment without a meaningful hearing, violated the Bank's due process rights, necessitating reversal.
• Williamson v. Williamson
  478 So. 2d 850· Fla. 3d DCA· 1985-11-05 ·cited 2×
• Nat'l Classification Comm. & Nat'l Motor Freight Traffic Ass'n, Inc. v. United States & Interstate Commerce Comm'n
  765 F.2d 1146· D.C. Cir.· 1985-07-05 ·cited 2×
  The court held that the Interstate Commerce Commission's revised motor freight classification system, based on four transportation characteristics and eliminating economic factors, was procedurally sound under the Administrative Procedure Act and substantively rational, aligning
• Stermetz v. Judge W.R. Harper & Sebastian Cnty.
  763 F.2d 366· 8th Cir.· 1985-06-06 ·cited 2×
  The court held that the district court erred in granting summary judgment on the procedural due process claim, requiring reconsideration in light of Loudermill.