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

• Waltruent Margarete Rosa Morrison v. Jones
  607 F.2d 1269· 9th Cir.· 1979-10-19 ·cited 48×
  The court held that the District Attorney and Clerk of Superior Court were immune, but reversed summary judgment for the remaining defendants, finding they were not entitled to absolute immunity and the record was insufficient to establish qualified immunity.
• Larry v. Lawler
  605 F.2d 954· 7th Cir.· 1978-08-18 ·cited 48×
  The court held that the applicant was afforded due process and the Commission's findings were justified.
• Bosse v. Crowell Collier AND MacMillan
  565 F.2d 602· 9th Cir.· 1977-12-06 ·cited 48×
  The majority erred in reversing the dismissal of the seventh claim for relief, as allegations of an undisclosed purpose to gain control of a debtor's company through stock pledge do not state a claim under Rule 10b-5.
• Cross v. United States
  512 F.2d 1212· 4th Cir.· 1975-02-07 ·cited 48×
  The court held that a plaintiff who admits to violations of an act waives their right to a de novo hearing on the fact of the violation and any accompanying due process rights. The scope of judicial review over administrative sanctions is limited to whether the sanction is arbitr
• Gomes v. Travisono
  490 F.2d 1209· 1st Cir.· 1973-12-28 ·cited 48×
• Lucas v. Wis. Elec. Power Co.
  466 F.2d 638· 7th Cir.· 1972-08-02 ·cited 48×
• United States ex rel. Dolenz v. Shaughnessy
  206 F.2d 392· 2d Cir.· 1953-08-11 ·cited 48×
  The court held that the denial of a motion for rehearing and the denial of a writ of habeas corpus were not abuses of discretion, affirming the lower court's decision.
• Nicholas v. Immigr. & Naturalization Serv.
  590 F.2d 802· 9th Cir.· 1979-02-02 ·cited 47×
  The court held that the denial of non-priority status was not an abuse of discretion because the petitioner failed to establish a norm for comparison, and that relief under 8 U.S.C. § 1182(c) was unavailable due to a drug conviction. The court also found that while the INS violat
• Fla. Dep't of Agric. & Consumer Servs. v. John M. and Patricia A. Haire
  836 So. 2d 1040· Fla. 4th DCA· 2003-01-15 ·cited 46×
  The Florida Department of Agriculture appeals a temporary injunction declaring the 2002 Citrus Canker Law amendments unconstitutional and prohibiting warrantless searches of private property. The court holds that the 1900-foot tree destruction requirement is constitutional but th
• Patterson v. Portch
  853 F.2d 1399· 7th Cir.· 1988-08-03 ·cited 46×
  The court held that Patterson's appeal from the grant of summary judgment to Fort must be dismissed for lack of appellate jurisdiction, but affirmed the injunction ordering a new hearing before Portch. The court also discussed the principles of due process, property rights in pub
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• Textor v. Bd. OF Regents OF N. Ill. Univ.
  711 F.2d 1387· 7th Cir.· 1983-07-06 ·cited 46×
  The court held that the district court abused its discretion in denying leave to amend the complaint and that the attorneys were denied a fair hearing on the award of attorney's fees.
• Monahan v. State OF Neb.
  687 F.2d 1164· 8th Cir.· 1982-08-30 ·cited 46×
  The court held that the substantive claims were moot or barred by failure to exhaust administrative remedies, but remanded for a determination of attorney's fees for one plaintiff who had prevailed on preliminary relief.
• Twyman v. Crisp
  584 F.2d 352· 10th Cir.· 1978-09-06 ·cited 46×
  The court held that the prisoner's claims of denial of adequate medical care, denial of procedural due process in reclassification, and denial of access to the law library and courts were without merit.
• Cervoni v. Secretary OF Health
  581 F.2d 1010· 1st Cir.· 1978-06-27 ·cited 46×
  The court held that the district court correctly dismissed the claim for lack of subject matter jurisdiction because the plaintiff physician did not possess a protected property interest in continued reimbursement under Part B of the Medicare Act and therefore had no colorable du
• Greenhill v. Bailey
  519 F.2d 5· 8th Cir.· 1975-07-21 ·cited 46×
  The court held that a medical student dismissed for academic reasons, but with a stigmatizing reason reported to a national committee, was deprived of a liberty interest and thus entitled to procedural due process, including notice and an opportunity to be heard.
• Wilwording v. Swenson
  502 F.2d 844· 8th Cir.· 1974-09-10 ·cited 46×
  The court held that the petitioner's claim of punishment without any evidence is cognizable in habeas corpus and not barred by res judicata, collateral estoppel, controlling weight, or waiver, and is not foreclosed by the nonretroactivity of Wolff v. McDonnell.
• Haynes v. The United States
  418 F.2d 1380· Ct. Cl.· 1969-12-12 ·cited 46×
  The court held that the plaintiff failed to exhaust administrative remedies for most procedural claims and that other alleged procedural errors were harmless. The court also found the administrative decision regarding the charges of inefficiency and failure to meet deadlines was
• Nat'l Labor Relations Bd. v. H. E. Fletcher Co.
  298 F.2d 594· 1st Cir.· 1962-01-24 ·cited 46×
  The court held that the Board's finding of refusal to bargain on wages was not supported by substantial evidence, and enforcement of the order based on a violation not alleged in the complaint and not litigated was denied due to procedural due process concerns.
• Caban-Wheeler v. William Elsea, M.D.
  904 F.2d 1549· 11th Cir.· 1990-07-10 ·cited 45×
  The court held that the district court erred in adopting the Special Master's Report without fully addressing direct evidence of discrimination and making complete analytical findings, necessitating a remand.
• David D. Daly, M.D., Ph.D. v. Charles C. Sprague, M.D.
  675 F.2d 716· 5th Cir.· 1982-05-14 ·cited 45×
  The court held that the district court improperly granted summary judgment on the First Amendment claim because it failed to consider it, remanding for that purpose. However, it affirmed summary judgment on the Fourteenth Amendment claims, finding the plaintiff failed to establis
• Club Madonna, Inc. v. City OF Miami Beach
  924 F.3d 1370· 11th Cir.· 2019-05-24 ·cited 44×
  The Eleventh Circuit held that most of the Club's claims challenging the City's ordinances were ripe for review, but affirmed the dismissal of due process claims for failure to state a claim and affirmed dismissal of a vagueness claim due to lack of standing.
• Marshall v. Crosby
  911 So. 2d 1129· Fla.· 2005-05-26 ·cited 44×
  Matthew Marshall, a death row inmate, petitioned for habeas corpus relief challenging his death sentence for a 1988 murder, raising claims of ineffective appellate counsel, constitutional violations under Apprendi and Ring, and arbitrary application of Florida's jury override sta
• Topp Telecom, Inc. v. Atkins
  763 So. 2d 1197· Fla. 4th DCA· 2000-02-02 ·cited 44×
  The Florida Fourth District Court of Appeal dismissed a petition for certiorari seeking to quash a discovery order on grounds of undue burden and oppressiveness. The court held that absent record evidence supporting claims of excessive burden, and absent showing of irreparable ha
• Amsden v. Moran
  904 F.2d 748· 1st Cir.· 1990-05-29 ·cited 44×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and the available state remedies were adequate to satisfy due process requirements.
• Pacheco v. Gonzalez
  809 F.2d 125· 1st Cir.· 1987-01-13 ·cited 44×
  The court held that defendants were not entitled to qualified immunity on the First Amendment claim because it was clearly established that transitory employees are protected from politically motivated non-renewal, but they were entitled to qualified immunity on the due process c
• Campbell v. H.G. Miller
  787 F.2d 217· 7th Cir.· 1986-03-25 ·cited 44×
  The court held that the impoundment of the inmate's commissary account did not violate due process because he received adequate procedural safeguards, and the restrictions on legal access did not unconstitutionally burden his right of access to the courts.
• Jonnet v. Dollar Sav. Bank of the City of N.Y.
  530 F.2d 1123· 3d Cir.· 1976-01-27 ·cited 44×
  The court held that Pennsylvania's foreign attachment procedures violate procedural due process by allowing quasi-in-rem jurisdiction over debts owed to a foreign corporation without sufficient minimum contacts.
• Burt v. The Bd. OF Trs. OF Edgefield Cnty. Sch. Dist.
  521 F.2d 1201· 4th Cir.· 1975-08-06 ·cited 44×
  The court reversed the judgment because the defendants were denied their constitutional right to a jury trial.
• Spence v. Patience Latting
  512 F.2d 93· 10th Cir.· 1975-02-26 ·cited 44×
  The court held that the plaintiff's federal claims were barred by res judicata because he had the opportunity to litigate them in prior state court actions.
• Rev. Chester O. Thompson v. Washington
  497 F.2d 626· D.C. Cir.· 1973-12-10 ·cited 44×
  Tenants of low-rent public housing are entitled to notice of proposed rent increases and an opportunity to present written objections.
• Hostrop v. Bd. OF Junior Coll. Dist. NO. 515
  471 F.2d 488· 7th Cir.· 1972-12-21 ·cited 44×
  A college president's circulation of a confidential memorandum proposing curriculum changes, even if potentially seen as disloyal, is protected speech under the First Amendment unless it substantially disrupts the institution's functioning. Furthermore, a college president with a
• Doctor Robert Sosa v. Bd. OF Managers OF the VAL Verde Mem'l Hosp.
  437 F.2d 173· 5th Cir.· 1971-01-06 ·cited 44×
  A hospital board's denial of staff privileges may be affirmed if the reasons are reasonably related to hospital operation and administered with procedural due process, even if the physician meets basic qualifications.
• J. C. Penney Co., Inc. v. Nat'l Labor Relations Bd.
  384 F.2d 479· 10th Cir.· 1967-08-29 ·cited 44×
  The court held that the employer's unilateral wage increases violated Section 8(a)(1) and supported a bargaining order, but a specific statement by a supervisor regarding union activity was not properly litigated and could not sustain a separate 8(a)(1) finding. The court also fo
• Washington v. DeBeaugrine
  658 F. Supp. 2d 1332· N.D. Fla.· 2009-10-01 ·cited 43×
  A state official's erroneous denial of a Medicaid beneficiary's federal right to a hearing before benefit termination or reduction can be challenged in federal court, not solely in state court.
• City OF Lauderhill v. Rhames
  864 So. 2d 432· Fla. 4th DCA· 2003-10-22 ·cited 43×
  The City of Lauderhill eliminated the Lead Patrol Officer (LPO) position and reorganized its police department, requiring three former LPOs to retake sergeant exams to maintain their supervisory roles. The officers sued under 42 U.S.C. § 1983 for substantive due process violation
• Ocelot OIL Corp. v. Sparrow Indus.
  847 F.2d 1458· 10th Cir.· 1988-05-31 ·cited 43×·via Due Process (Notice And Opportunity To Be Heard)
  The striking of pleadings with prejudice, even as a discovery sanction, constitutes an involuntary dismissal requiring de novo review by the district court, and a party may waive a hearing on the amount of attorney's fees by failing to contest it.
• Drummond v. Fulton Cnty. Dep't OF Fam. & Child's. Servs.
  563 F.2d 1200· 5th Cir.· 1977-11-28 ·cited 43×
• Stapp v. Avoyelles Parish Sch. Bd.
  545 F.2d 527· 5th Cir.· 1977-01-17 ·cited 43×
  The dissenting judge holds that a letter of intent from a superintendent does not create a property interest in re-employment protected by due process under Louisiana law.
• Aikens v. Lash
  514 F.2d 55· 7th Cir.· 1975-04-07 ·cited 43×
  The court held that while inmates are entitled to a written statement of findings and reasons for disciplinary actions, and potentially lay advocate assistance in complex cases, they do not have an absolute right to cross-examine adverse witnesses in disciplinary hearings, and th
• Lucas v. Chapman
  430 F.2d 945· 5th Cir.· 1970-08-06 ·cited 43×
• Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty.
  595 So. 2d 65· Fla. 5th DCA· 1991-12-12 ·cited 42×
  Snyder, a property owner, sought to rezone his land from General Use (GU) to RU-2-15 (medium-density residential) in Brevard County, Florida. The Board of County Commissioners denied the rezoning request without stated reasons, despite staff findings that it was consistent with t
• Easter House v. Felder
  910 F.2d 1387· 7th Cir.· 1990-08-14 ·cited 42×
  The court held that the plaintiff's procedural due process rights were not violated because the state provided adequate post-deprivation remedies for the alleged errors in implementing its civil commitment scheme, and the specific errors were not foreseeable.
• Dino Bello v. Walker
  840 F.2d 1124· 3d Cir.· 1988-03-01 ·cited 42×
  Municipal officials' deliberate and arbitrary abuse of power to deny a building permit can violate substantive due process, but mere delays in issuing permits do not constitute an unconstitutional taking of property.
• Smith v. The City OF Fontana
  818 F.2d 1411· 9th Cir.· 1987-01-06 ·cited 42×
  The court held that the district court erred in dismissing the plaintiffs' section 1983 claims. The Parratt doctrine, which limits section 1983 actions based on random and unauthorized deprivations when adequate post-deprivation remedies exist, applies only to procedural due proc
• Curry v. Baker
  802 F.2d 1302· 11th Cir.· 1986-10-01 ·cited 42×
  The court held that the district court erred in ordering a new primary election, finding that the party subcommittee's determination of the election contest based on statistical evidence and expert opinion was permissible and that prior rulings precluded relitigation of certain i
• Russell v. Harrison
  736 F.2d 283· 5th Cir.· 1984-07-16 ·cited 42×
  The court held that summary judgment for the defendants on the substantive due process claim was proper, but summary judgment on the procedural due process claim was in error due to unresolved factual disputes regarding the availability of a hearing.
• Cnty. OF Monroe v. United States Dep't OF Labor
  690 F.2d 1359· 11th Cir.· 1982-11-08 ·cited 42×
  A CETA employee terminated for good cause, despite procedural defects in the termination process, cannot recover back pay unless the procedural defect caused actual compensable injury.
• United Steelworkers OF Am. Local 1913 and/or Sam Godich v. Union R.R. Co.
  648 F.2d 905· 3d Cir.· 1981-05-06 ·cited 42×
  The court held that the district court's order setting aside the Board's findings and ordering new hearings was an appealable final order, but that the Board's findings were conclusive and should not have been set aside.
• Parker v. Cook
  642 F.2d 865· 5th Cir.· 1981-04-17 ·cited 42×
  The court held that while the conditions of administrative segregation at Glades Correctional Institution violated due process, a statewide injunction was inappropriate due to lack of factual development regarding other institutions and the plaintiff's specific challenge.