Procedural Due Process

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

• Al Najjar v. Ashcroft
  186 F. Supp. 2d 1235· S.D. Fla.· 2002-02-19
  The court held that the Attorney General has discretion to detain an alien for six months following a final deportation order, and the petitioner's detention during this period is presumed lawful. The court also found that the conditions of confinement did not violate the Fifth A
• Hadsock v. Bush
  180 F. Supp. 2d 1321· S.D. Fla.· 2001-12-04
  The court held that the Eleventh Amendment does not bar claims under the Medicaid Act but does bar claims under the Adoption and Safe Families Act due to its detailed remedial scheme. The court also found that Younger abstention did not apply.
• J.T. and N.T. v. Dep't of Child. & Families
  800 So. 2d 692· Fla. 5th DCA· 2001-11-30
  Parents appealed an order terminating their parental rights, arguing the trial court erred in denying their counsel's request for a continuance when the parents failed to appear at the adjudicatory hearing. The court affirmed, holding that the parents received adequate notice, th
• Creel v. The Dist. Bd. of Trs. of Brevard Cmty. Coll.
  785 So. 2d 1285· Fla. 5th DCA· 2001-06-08
  The court held that the Administrative Law Judge erred by addressing an issue not properly before them, thereby depriving the employee of procedural due process.
• Green v. State
  790 So. 2d 448· Fla. 2d DCA· 2001-02-14
  Leonard Green appealed the trial court's denial of his Rule 3.850 postconviction relief motion and its order barring him from filing further pro se postconviction motions. The court affirmed the denial of relief but reversed the filing restriction, holding that the trial court fa
• Hunt v. City of Mulberry
  173 F. Supp. 2d 1288· M.D. Fla.· 2001-02-08
  The court held that the plaintiff's federal due process claims failed because he received adequate pre- and post-termination procedures and available state remedies, and that state-created employment rights are not protected by substantive due process. The court declined suppleme
• Craige Plymel v. Moore
  770 So. 2d 242· Fla. 1st DCA· 2000-10-26
  A Florida prisoner challenged his prison disciplinary conviction for drug trafficking, claiming the Department of Corrections violated its own rules and his due process rights by failing to list witnesses on the disciplinary report and failing to produce exculpatory evidence. The
• Bd. of Cnty. Comm'rs of Sarasota Cnty. v. Bd. OF Zoning Appeal OF Sarasota Cnty. & Dona Bay Marina, Inc.
  761 So. 2d 1217· Fla. 2d DCA· 2000-06-30
  The Board of County Commissioners of Sarasota County sought certiorari review of a Zoning Board decision, but the trial court denied the petition on standing grounds. The appellate court held that a county ordinance validly conferred standing on the Commission to seek certiorari
• St. Germain v. Isenhower
  98 F. Supp. 2d 1366· S.D. Fla.· 2000-05-30
  Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
• Boyce v. Honeywell, Inc.
  977 F. Supp. 2d 621· M.D. Fla.· 2000-02-17
  Class certification is denied because the plaintiffs failed to satisfy the prerequisites of Rule 23(a), specifically commonality and typicality, due to the distinct nature of the operations and the varied individual circumstances of the claims.
• Martin v. John DOE/Jane Roe Judges
  731 So. 2d 806· Fla. 4th DCA· 1999-04-21
  The court held that a petition for certiorari must be dismissed when the petitioner fails to demonstrate irreparable injury, which is not present when a non-final order remands an issue for redetermination.
• Cook v. City OF Lynn Haven
  729 So. 2d 545· Fla. 1st DCA· 1999-04-20
  The court granted certiorari and quashed the circuit court's order denying review, holding that a landowner challenging a development order on zoning grounds rather than comprehensive plan inconsistency is entitled to certiorari review, not limited to injunctive relief under sect
• Suber v. Seminole Cnty.
  78 F. Supp. 2d 1298· M.D. Fla.· 1999-03-17
  Summary judgment is granted for the County because the plaintiff failed to exhaust administrative remedies for her age discrimination claim, did not establish pretext for her termination, and her due process claims fail as a matter of law.
• Wimer v. Vila
  37 F. Supp. 2d 1351· M.D. Fla.· 1999-03-03
  The court held that the plaintiffs failed to state claims for violations of substantive and procedural due process rights, and declined supplemental jurisdiction over state law claims.
• Cox v. McCraley
  993 F. Supp. 1452· M.D. Fla.· 1998-02-10
  The court held that the plaintiff failed to state a claim under federal law against the School Board and that the individual defendants were entitled to qualified immunity, warranting dismissal of the federal claims.
• Hamilton v. Singletary
  695 So. 2d 797· Fla. 1st DCA· 1997-05-12
• Baggs v. City of S. Pasadena
  877 F. Supp. 546· M.D. Fla.· 1997-04-09
  The court held that the defendant was not entitled to attorneys' fees and costs because the plaintiffs' litigation was not frivolous, unreasonable, or without foundation.
• Watrous v. State
  696 So. 2d 839· Fla. 2d DCA· 1997-03-21
  Florida appellate court remanded for a hearing on attorney's fees lien because trial court failed to give defendant opportunity to object to the fee amount before imposing the lien, though no ability-to-pay determination was required.
• Graddy v. State
  687 So. 2d 1335· Fla. 1st DCA· 1997-02-03
  Florida appellate court affirmed conviction but remanded to strike improperly assessed statutory fees and public defender costs lacking proper statutory authority and procedural notice.
• Johnson v. State of Fla. & Honorable Stephen M. Cohen
  683 So. 2d 607· Fla. 4th DCA· 1996-11-20
  Petitioner Johnson challenges a county court's order vacating his guilty plea on jurisdictional grounds. The circuit court dismissed his appeal from that order, but the District Court of Appeal held that such orders are appealable and vacated the dismissal.
• Davidson v. State
  677 So. 2d 412· Fla. 5th DCA· 1996-08-02
  The court affirmed Davidson's judgment and sentence but struck the public defender's fee because the trial court failed to advise her of her right to challenge the amount under Florida Rule of Criminal Procedure 3.720(d)(1), and rejected her unsworn claim that her plea was involu
• Davis v. Dade Cnty. Sch. Bd.
  671 So. 2d 271· Fla. 3d DCA· 1996-04-10
• Dino Marchetti v. State
  669 So. 2d 1130· Fla. 3d DCA· 1996-03-20
  Defendant's motion for belated appeal is granted because the trial court failed to provide required notice of appeal rights and conducted an evidentiary hearing on post-conviction relief without the defendant or counsel present.
• Canon v. Clark
  883 F. Supp. 718· S.D. Fla.· 1995-04-25
  The court held that the plaintiff stated claims under the ADA and for a § 1983 liberty interest violation, but failed to state a § 1983 property interest claim and a claim against the individual defendant.
• Tarmac Fla., Inc. v. Hill
  652 So. 2d 986· Fla. 4th DCA· 1995-04-12
  The Fourth District reversed a judgment for appellees and remanded for a new trial due to discovery stonewalling, improper admission of undisclosed documents, and exclusion of a deposition, finding the trial was unfair and confused.
• White Constr. Co., Inc. v. State
  651 So. 2d 1302· Fla. 1st DCA· 1995-03-17
  White Construction Company appealed an emergency final order by the Florida Department of Transportation that placed its Trawick Pit limerock mine on conditional approved status due to deficient bearing ratios in materials supplied for state road projects. The court affirmed the
• Somerville v. Reusser
  649 So. 2d 339· Fla. 5th DCA· 1995-02-03
  Lois Somerville appeals a post-dissolution order compelling her to place her minor son on an airplane for visitation with his father in Virginia. The court reversed, holding that Somerville was denied procedural due process because she received only one and one-half hours' notice
• Bailey v. Bd. OF Cnty. Comm'rs
  659 So. 2d 295· Fla. 1st DCA· 1994-12-20
  Bailey sued multiple defendants for false arrest, malicious prosecution, and civil rights violations following his wrongful arrest during an undercover sting operation. The Florida appellate court affirmed dismissal of all claims except a potential negligence claim against Alachu
• City OF Hallandale v. The Miami Herald Publ'g Co.
  637 So. 2d 929· Fla. 4th DCA· 1994-04-06
  The City of Hallandale appeals a judgment invalidating its occupational license ordinance as applied to newspaper vending machines (newsracks) on public property. The court held that the city's flat annual license tax of $10 per newsrack violates the First and Fourteenth Amendmen
• Riley v. Wooten
  999 F.2d 802· 5th Cir.· 1993-08-18
  The court held that the district court erred in granting summary judgment based on res judicata, as the prior administrative hearing did not address the propriety of the initial business closing or resulting damages.
• P.O.P.S. v. Booth Gardner
  998 F.2d 764· 9th Cir.· 1993-07-29
  The Washington State Child Support Schedule does not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment, as it is a rational means of achieving legitimate state interests and does not directly infringe upon fundamental rights.
• United States v. Int'l Bhd. OF Teamsters, Chauffeurs, Warehousemen & Helpers OF Am., AFL-CIO
  998 F.2d 120· 2d Cir.· 1993-07-13
  The court upholds sanctions against a union negotiator based on a finding of collaboration with organized crime, despite the initial charge being mere association.
• Chrissy F. v. MS Dept. OF Public Welfare
  995 F.2d 595· 5th Cir.· 1993-07-07
  The district court lacked jurisdiction to grant injunctive relief against state court judicial officers for actions taken in their judicial capacity, as this constituted a prohibited collateral attack on state court judgments.
• Bogle v. Louis W. Sullivan, M.D.
  998 F.2d 342· 6th Cir.· 1993-07-06
  The court held that the district court did not err in affirming the Secretary's decision that the plaintiff was not disabled prior to January 18, 1989, and that the court lacked jurisdiction to review the Secretary's decision not to reopen a prior claim.
• Isidor Paiewonsky Assocs., Inc. v. Sharp Props., Inc.
  998 F.2d 145· 3d Cir.· 1993-06-24
  The court held that the writ of assistance was appealable and that the subtenant could be evicted based on an arbitration award between the landlord and head tenant, even though the subtenant was not a party to the arbitration.
• Christensen v. Yolo Cnty. Bd. OF Supervisors
  995 F.2d 161· 9th Cir.· 1993-06-08
  The court held that the plaintiffs' "as applied" takings claim was unripe because they failed to seek compensation through state procedures, and their facial challenges under the Fifth Amendment, Due Process Clause, Equal Protection Clause, and Commerce Clause lacked merit.
• Alexander v. Peffer
  993 F.2d 1348· 8th Cir.· 1993-05-21
  The court held that the alleged public disclosure of personal information, while potentially poor judgment, did not rise to the level of a constitutional violation cognizable under 42 U.S.C. § 1983.
• Browning v. City OF Odessa
  990 F.2d 842· 5th Cir.· 1993-05-17
  The court held that even if the employee had a property interest in his job, the city provided sufficient pretermination due process safeguards, thus affirming the grant of summary judgment.
• Durant v. Indep. Sch. Dist. NO. 16 of Leflore Cnty.
  990 F.2d 560· 10th Cir.· 1993-04-05
  The court held that Ms. Durant's due process claim was extinguished by a prior ruling, but affirmed the jury's verdict on her First Amendment claim. The court remanded for reconsideration of attorney's fees.
• Scheideman v. W. DES Moines Cmty. Sch. Dist.
  989 F.2d 286· 8th Cir.· 1993-03-26
  The court held that the school district did not terminate the plaintiff's employment without due process by requiring a second medical opinion for his return to work after a voluntary sick leave.
• Mansfield Apt. Owners Ass'n v. City OF Mansfield
  988 F.2d 1469· 6th Cir.· 1993-03-12
  The court's majority opinion, which this concurrence agrees with regarding the judgment, applied a rational basis test to a governmental scheme, finding it permissible. The concurring judge believes a reasonableness test is more appropriate for substantive due process claims.
• Holthaus v. Bd. OF Educ.
  986 F.2d 1044· 6th Cir.· 1993-03-02
  A public employee's claim of improper discharge from employment, even if defamatory and breaching a contract, does not implicate substantive due process rights under § 1983.
• Murphy Charles Jones v. Dick Moore
  986 F.2d 251· 8th Cir.· 1993-02-19
  The court held that the Parole Board Chairman is entitled to absolute immunity and the parole officer is entitled to judgment because the plaintiff failed to present evidence of deliberate indifference or false reports.
• Ingrassia v. Purkett
  985 F.2d 987· 8th Cir.· 1993-02-17
  Statements by a parole board chairperson and completion of a rehabilitation program do not create a liberty interest in parole under Missouri law, and a prisoner does not have an absolute right to access his parole file.
• Watson v. Caton
  984 F.2d 537· 1st Cir.· 1993-01-29
  The court held that a prisoner's claim of simple negligence regarding medical treatment is not a constitutional violation and can be dismissed as frivolous under 28 U.S.C. § 1915(d), but allegations of deliberate indifference to serious medical needs are not frivolous. A claim of
• Mertik v. Blalock
  983 F.2d 1353· 6th Cir.· 1993-01-15
  The court held that the plaintiff sufficiently alleged a property interest in her ability to teach at the city's rink, thus reversing the dismissal of her procedural due process claim. However, the court affirmed the dismissal of the claim against the skating club.
• Zilich v. Lucht
  981 F.2d 694· 3d Cir.· 1992-12-17
  The court held that a prisoner's claim of denial of access to the courts, stemming from the confiscation of legal materials, is a substantive due process claim actionable under 42 U.S.C. § 1983 and is not foreclosed by the availability of state post-deprivation remedies under the
• Pearson v. Fair
  980 F.2d 37· 1st Cir.· 1992-11-24
  The court held that plaintiffs were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 because their lawsuit had a catalytic effect in bringing about significant improvements in the defendants' isolation policies, even though they did not achieve complete succe
• Saltz v. Tenn. Dep't OF Emp. Sec.
  976 F.2d 966· 5th Cir.· 1992-11-10
  The court held that the district court correctly dismissed the claims against the state agencies due to Eleventh Amendment sovereign immunity and dismissed the claim against the employer because the federal claims against the agencies were dismissed.
• Foster v. Gale Hughes
  979 F.2d 130· 8th Cir.· 1992-11-05
  State regulations prohibiting prison inmates from placing their money in private interest-bearing accounts do not violate their constitutional rights.