Procedural Due Process

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

• Boutros v. Canton Reg'l Transit Auth.
  997 F.2d 198· 6th Cir.· 1993-06-30 ·cited 1×
  National origin harassment alone is not actionable under 42 U.S.C. § 1983; such harassment must rise to the level of a hostile work environment to be actionable.
• Shands v. City OF Kennett
  993 F.2d 1337· 8th Cir.· 1993-05-21 ·cited 1×
  The court held that the plaintiffs' speech was not protected by the First Amendment because it interfered with a government personnel decision and tipped the Pickering balance in favor of the employer's interest in efficiency and discipline. The court also held that the plaintiff
• In re Timely Secretarial Serv., Inc. v. Timely Secretarial Serv., Inc.
  987 F.2d 1167· 5th Cir.· 1993-04-08 ·cited 1×
  The court held that the bankruptcy court violated General Electric's due process rights by vacating an agreed order lifting the automatic stay without adequate notice and that the alleged oral agreement to allow subtenants to remain was unenforceable.
• Klaudt v. United States Dep't OF Interior
  990 F.2d 409· 8th Cir.· 1993-04-05 ·cited 1×
  The court held that it lacked jurisdiction to hear claims from a prior dismissal order due to an inadequate notice of appeal, and affirmed the dismissal of remaining claims for failure to exhaust administrative remedies.
• United States v. K.T. Derr
  968 F.2d 943· 9th Cir.· 1992-07-02 ·cited 1×
  The court held that the IRS is entitled to enforcement of its designated summons upon making the showing required by United States v. Powell, and that the issuing agent had the authority to do so.
• United States v. Weissberger
  951 F.2d 392· D.C. Cir.· 1991-11-15 ·cited 1×
  The court held that an order requiring a 30-day competency evaluation and the denial of bail are immediately appealable under the collateral order doctrine, and affirmed both decisions on the merits.
• Donnie Weil v. Bd. OF Elementary & Secondary Educ.
  931 F.2d 1069· 5th Cir.· 1991-05-28 ·cited 1×
  The court held that the transfer of a student between schools within the same district, under the supervision of the same board, with substantially similar classes and the same Individualized Education Program (IEP), did not constitute a change in 'educational placement' requirin
• Williams v. Dugger
  573 So. 2d 210· Fla. 1st DCA· 1991-01-29 ·cited 1×
• Skyywalker Records, Inc. v. Navarro
  739 F. Supp. 578· S.D. Fla.· 1990-06-06 ·cited 1×
  The court held that the recording "As Nasty As They Wanna Be" was legally obscene and that the Sheriff's actions did not constitute an unconstitutional prior restraint.
• Dinesh Mehta and Pravina Mehta v. Surles
  905 F.2d 595· 2d Cir.· 1990-05-29 ·cited 1×
  The court held that the Padavan Law's procedures did not cause the deprivation of the Mehtas' alleged property right in the driveway easement, thus their procedural due process claim failed. The court also vacated the district court's ruling on the easement's scope, deeming it a
• Key W. Harbour Dev. Corp. v. City of Key W.
  738 F. Supp. 1390· S.D. Fla.· 1990-05-22 ·cited 1×
  Legislators' failure to follow prescribed procedures when rescinding a redevelopment plan, which nullified plaintiff's contract, can overcome claims of absolute legislative immunity and may constitute a due process violation.
• Carson v. Rossignol
  559 So. 2d 433· Fla. 4th DCA· 1990-04-11 ·cited 1×
  Court reversed trial court's denial of motion to vacate default judgment where defendant had timely filed motion to quash and was not given notice of default application, violating Florida Rules of Civil Procedure 1.500.
• Hawks v. City OF Pontiac & Reginald Turner
  874 F.2d 347· 6th Cir.· 1989-05-03 ·cited 1×
  The court held that the plaintiff's claims of unconstitutional vagueness, denial of due process, and discriminatory application of the residency requirement were without merit.
• Betts v. City of Edgewater
  646 F. Supp. 1427· M.D. Fla.· 1986-10-23 ·cited 1×
  The court held that the plaintiff was an at-will employee and not entitled to procedural due process protections beyond those afforded by Florida law and the city's ordinances.
• Cone v. the Florida Bar
  626 F. Supp. 132· M.D. Fla.· 1985-12-18 ·cited 1×
  The court held that interest earned on nominal or short-term funds held in Florida's Interest on Trust Accounts (IOTA) program does not constitute a constitutionally protected property interest of the client, and therefore, its appropriation by the program does not violate the Fi
• Crysen Shipping Co. v. Bona Shipping Co., Ltd.
  553 F. Supp. 139· M.D. Fla.· 1982-11-19 ·cited 1×
  Supplemental Admiralty Rule B(1) is unconstitutional because it fails to provide for procedural due process under the Fifth Amendment.
• Thomas (Fred Phillip) Roush v. State
  413 So. 2d 15· Fla.· 1982-04-08 ·cited 1×
  The Florida Supreme Court upheld the constitutionality of section 812.035 of the Florida Statutes, which provides civil remedies for violations of the Anti-Fencing Act, and affirmed a circuit court's order enjoining and seizing property of a transmission repair business engaged i
• Palm Beach Towers, Inc. v. Korn
  400 So. 2d 110· Fla. 4th DCA· 1981-06-17 ·cited 1×
  Palm Beach Towers, Inc. and Harry Helmsley appealed an interlocutory order certifying a class action lawsuit brought by condominium unit owners against the developers. The Fourth District Court of Appeal affirmed the trial court's determination that the class was properly represe
• RAY Lein Constr., Inc. v. Wainwright
  346 So. 2d 1029· Fla.· 1977-05-26 ·cited 1×
  The Florida Supreme Court held that Florida's prejudgment garnishment statutes violate the Due Process Clause because they allow writs to issue without judicial supervision, based on unsworn complaints with no factual allegations, and without requiring an immediate post-seizure h
• Longo v. City OF Hallandale
  42 Fla. Supp. 53· Broward Cty. Cir. Ct.· 1975-05-06 ·cited 1×
  A Florida circuit court ruled that a police chief appointed by city commission cannot be removed at-will without cause, notice, and a fair hearing. The court rejected arguments that the Law Enforcement Officers' Bill of Rights applied to the chief and that the charter granted unl
• Mohr v. Dade Cnty. Sch. Bd.
  287 So. 2d 337· Fla. 3d DCA· 1973-12-21 ·cited 1×
  No. The Court refused to examine the system with strict scrutiny since there is no fundamental right to education in the Constitution and since the system did not systematically discriminate against all poor people in Texas. Given the similarities between Texas' system and those
• Robinson v. Bd. OF Pub. Instruction OF Dade Cnty.
  271 So. 2d 784· Fla. 3d DCA· 1973-01-08 ·cited 1×
  A high school student suspended for thirty days without a formal hearing challenged the suspension as unconstitutional. The court affirmed the school board's summary judgment, holding that while some due process protections are required for student suspensions, the extensive proc
• Anderson v. Elliott L. Richardson
  454 F.2d 596· 6th Cir.· 1972-01-31 ·cited 1×
  The court held that the district court erred in denying the request for a three-judge court and granting summary judgment, as the constitutional question raised was substantial.
• Williams v. Bd. of Regents of the Univ. Sys. of Ga.
  11th Cir.· 2026-09-04
  Summary judgment was properly granted for the Board of Regents on all claims. Williams failed to establish sex discrimination under Title IX because she could not identify similarly situated male comparators and presented no convincing mosaic of circumstantial evidence of discrim
• Wyrick v. Wyrick
  Fla. 6th DCA· 2026-09-02
  A trial court commits fundamental error when it sua sponte modifies a time-sharing parenting plan without proper notice and opportunity to be heard, even when addressing a contempt motion that did not request modification.
• Fine v. Bobanic
  Fla. 5th DCA· 2026-06-19
  A trial court must grant a brief recess when a party requests time to prepare a written motion to disqualify the judge based on conduct occurring during the hearing.
• Ybor Props., LLC v. City of Tampa
  Fla. 2d DCA· 2026-03-25
  The appellate court granted Ybor Properties' petition for second-tier certiorari, quashing the circuit court's order that denied Ybor Properties' petition for a writ of certiorari. The circuit court had erred by reweighing evidence and failing to address Ybor Properties' due proc
• Hutcheson v. Judge Melissa Black
  M.D. Fla.· 2026-01-08
  Federal court lacks jurisdiction to review state court rulings or grant relief against state judges and clerks for actions taken in their judicial capacities.
• White v. Warden Payne
  M.D. Fla.· 2026-01-05
  A prisoner's claim of being placed in a strip cell without adequate hygiene supplies for 72 hours may state an Eighth Amendment conditions-of-confinement claim, but does not trigger Fourteenth Amendment procedural due process protections.
• Marcano v. Paulino
  M.D. Fla.· 2025-12-31
  The court granted summary judgment for defendants on due process claims, finding no constitutional violation based on the alleged failure to investigate or protect the victim from private actors.
• Marquavious Avery v. Fla. Dep't of Corr.
  N.D. Fla.· 2025-12-18
  The court held that the plaintiff failed to state a claim for a due process violation because he did not allege the deprivation of a constitutionally protected liberty interest.
• Traviyawn M. Osborne v. Officer Spencer and Officer Scargnio
  S.D. Fla.· 2025-12-05
  The court recommends dismissal of the case without prejudice for failure to prosecute and comply with court orders.
• Ross v. Cloud
  N.D. Fla.· 2025-12-01
  The court held that the plaintiff's complaint failed to state a claim under the Eighth and Fourteenth Amendments and that compensatory damages were barred by statute.
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-11-17
  The court held that the plaintiff failed to adequately plead municipal liability under Section 1983 and failed to establish the conditions precedent for her Title VII claims, warranting dismissal.
• Neighbors & Neighbors Ass'n, Inc. v. Keon Hardemon
  S.D. Fla.· 2025-11-06
  The court held that the plaintiff has standing, but the defendant commissioner is protected by legislative immunity for his actions related to the housing program.
• Wilson v. Dep't of Revenue
  Fla. 1st DCA· 2025-10-22
  When an administrative agency concedes error in denying a party's statutory right to proceed in circuit court and in serving process at an incorrect address, the final administrative order must be reversed and remanded for further proceedings.
• Kunkleman v. Dena Marie Kunkleman
  N.D. Fla.· 2025-10-15
  The court held that a pro se plaintiff's civil rights complaint must be dismissed because it constitutes an impermissible shotgun pleading, seeks relief barred by Younger abstention, fails to state a claim under federal law, and names state agencies immune under the Eleventh Amen
• Bishop v. City of Boynton Beach
  S.D. Fla.· 2025-10-01
  The Magistrate Judge recommended dismissal of the amended complaint without prejudice, allowing the pro se plaintiff one more opportunity to file a second amended complaint that corrects deficiencies.
• Simfa Rose Pharm. Specialty, Inc. v. Garland
  S.D. Fla.· 2025-09-24
  The court affirmed the Magistrate Judge's Report and Recommendation, granting the motion to dismiss and denying the cross-motion for summary judgment.
• Robledo v. City of Tampa
  M.D. Fla.· 2025-09-19
  The court held that the officers were entitled to qualified immunity because the plaintiff failed to allege a violation of a clearly established constitutional right, and the detention was reasonable under the circumstances.
• Kureti v. Coast Prof'l, Inc.
  M.D. Fla.· 2025-09-19
  The court held that a private debt collector cannot violate due process rights and that diversity jurisdiction was not properly established due to lack of complete diversity. The court also found a forum selection clause in loan documents to be enforceable, requiring dismissal of
• Harvey v. Dixon
  N.D. Fla.· 2025-09-18
  The court held that the plaintiff's claims challenging his sex offender registration and probation conditions were barred by the statute of limitations and, in the alternative, failed on the merits or should have been brought as a habeas corpus petition.
• Kelly v. Miami-Dade Corr. & Rehab. Dep't
  Fla. 3d DCA· 2025-09-10
  A circuit court's affirmance of an administrative employment suspension decision does not depart from the essential requirements of law when the court properly applied procedural due process and correct legal standards.
• Susanna Alan v. West
  Fla. 3d DCA· 2025-09-10
  A trial court's modification of timesharing, parental responsibility, and child support is affirmed when supported by competent substantial evidence, and no due process violation occurs when an unpleaded issue is tried by implied consent.
• Islamorada v. Mary Barley Fam. Tr. & Prinston LLC
  Fla. 3d DCA· 2025-09-03
  Second-tier certiorari review is limited to whether the circuit court afforded procedural due process and applied the correct law, and a departure from the essential requirements of law must involve violation of a clearly established principle resulting in a miscarriage of justic
• Sualeh Ashraf v. United States Drug Enforcement Administration
  11th Cir.· 2025-09-03
  The Eleventh Circuit held that the DEA did not violate Dr. Ashraf's procedural due process rights and that the Ruan decision's mens rea standard does not apply to this regulatory license revocation proceeding.
• Walker v. Warden, FCC Coleman
  M.D. Fla.· 2025-08-29
  The court held that the inmate received all required due process protections and that the disciplinary decision was supported by 'some evidence,' thus denying the habeas petition.
• IN & for NEW Castle Cnty. S---- C-------
  Del. Fam. Ct.· 2025-08-22
  The Court granted the Wife's motion to reopen the divorce proceeding and retain jurisdiction over ancillary matters. The Court found that the Wife did not receive actual or constructive notice of the divorce action, thus denying her due process. Alternatively, the Court found ext
• Burt v. President of Univ. of Fla.
  11th Cir.· 2025-08-20
  The Eleventh Circuit held that it lacked jurisdiction to hear the appeal because the notice of appeal was filed untimely, applying its precedent in Schuurman v. Motor Vessel Betty K V.
• Daniels v. Town of Palm Beach
  S.D. Fla.· 2025-08-18
  The court held that the Fifth Amendment due process claim is dismissed, the Fourteenth Amendment due process claim is dismissed due to adequate state remedies, and the First Amendment retaliation claim is dismissed for failure to plead absence of probable cause.