Procedural Due Process

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

• Lamont Griffin-Bey v. Bowersox
  978 F.2d 455· 8th Cir.· 1992-11-03
  The court held that an inmate's claim of a due process violation at a disciplinary hearing fails without a showing of prejudice, and that prison regulations do not create independent constitutional rights beyond the Due Process Clause.
• United States v. Johnson
  977 F.2d 457· 8th Cir.· 1992-10-16
  The court held that circumstantial evidence, including the quantity of cash, compacted cocaine, and coded notes, was sufficient to support a jury's finding of intent to distribute. The court also held that the admission of prior convictions and the federal prosecution itself did
• Jackson v. Gates
  975 F.2d 648· 9th Cir.· 1992-09-17
• Eaton v. Newport Bd. OF Educ.
  975 F.2d 292· 6th Cir.· 1992-09-17
  Actions taken by the Kentucky Education Association (KEA) and William Gist to advocate for a school principal's termination are protected by the First Amendment's rights to free speech and petition, and thus cannot form the basis for a lawsuit.
• DeVITO v. Chicago Park Dist.
  972 F.2d 851· 7th Cir.· 1992-08-18
  The court held that a one-year delay in a post-termination hearing, while without pay, did not violate due process rights when a pre-termination hearing was provided and the delay was attributed to an administrative bottleneck.
• Buzek v. The Cnty. OF Saunders
  972 F.2d 992· 8th Cir.· 1992-08-17
  The court held that the deputy sheriff's letter was protected speech under the First Amendment and that the sheriff's decision to fire him was a substantial or motivating factor, supporting the jury's verdict. The court also affirmed the county's liability and rejected the sherif
• Rocky Mountain Materials & Asphalt, Inc. v. The Bd. OF Cnty. Comm'rs OF EL Paso Cnty.
  972 F.2d 309· 10th Cir.· 1992-08-05
  A procedural due process claim is unripe if it is based on the same deprivation as an unripe takings claim.
• Keen v. Penson
  970 F.2d 252· 7th Cir.· 1992-07-16
  A university professor's unprofessional conduct towards a student, including demeaning correspondence and arbitrary grading, is not protected by academic freedom or the First Amendment, and the university followed proper procedures in sanctioning him.
• Arlin D. Lehman v. City OF Louisville
  967 F.2d 1474· 10th Cir.· 1992-06-29
  The court held that appellants failed to establish a constitutionally protected property interest under Colorado law, precluding their due process claims, and that abstention was inappropriate.
• Linton v. Frederick Cnty. Bd. OF Cnty. Comm'rs
  964 F.2d 1436· 4th Cir.· 1992-05-22
  The court held that the employee received constitutionally sufficient pretermination notice and opportunity to respond, satisfying due process requirements.
• Aronson v. Gressly
  961 F.2d 907· 10th Cir.· 1992-04-08
  The court held that the plaintiff's Age Discrimination in Employment Act claim was timely filed because the Mohasco limitation reducing the filing period does not apply to the ADEA. The court also held that the plaintiff received adequate procedural due process prior to her termi
• United OF Omaha Life Ins. Co. v. Solomon
  960 F.2d 31· 6th Cir.· 1992-03-30
  The court held that the state's actions did not deprive the plaintiff of a protected liberty or property interest under the Due Process Clause, and thus the preliminary injunction was improperly granted.
• Ramos-Melendez v. Valdejully
  960 F.2d 4· 1st Cir.· 1992-03-24
  The court affirmed the judgment, finding no clear error in the magistrate's factual determination that the plaintiff's demotion was not substantially motivated by political affiliation.
• Probert v. Immigr. & Naturalization Serv.
  954 F.2d 1253· 6th Cir.· 1992-01-29
  The court should grant the motion to remand with instructions to dismiss the case as moot.
• Charbonnet v. Sheriff Harry LEE & Lt. Edwin McClendon
  951 F.2d 638· 5th Cir.· 1992-01-28
  A state actor is not liable under § 1983 for a deprivation of property without due process if the deprivation was random and unauthorized, and an adequate post-deprivation remedy is available under state law.
• Brookpark Ent., Inc. v. Taft
  951 F.2d 710· 6th Cir.· 1991-12-16
  The court held that the Ohio 'particular premises' local option statute facially violates the Due Process Clause of the Fourteenth Amendment because it allows for arbitrary targeting of liquor licensees for revocation without sufficient procedural safeguards.
• Berrier v. Sherrill Allen
  951 F.2d 622· 4th Cir.· 1991-12-13
  North Carolina prison regulations concerning administrative segregation do not create a liberty interest protected by the Fourteenth Amendment's Due Process Clause.
• Harris v. Bolin
  950 F.2d 547· 8th Cir.· 1991-12-02
  The court held that the detention center's policy of opening, inspecting, and retaining non-privileged mail deemed obscene, and the failure to forward or deliver such mail to an inmate, did not violate the inmate's constitutional rights or constitute a denial of procedural due pr
• Shakur Abdullah v. Gunter
  949 F.2d 1032· 8th Cir.· 1991-11-26
  The court held that the district court abused its discretion by denying appointed counsel for the plaintiff's First Amendment claim, but affirmed summary judgment on the due process and equal protection claims.
• Riggs v. State
  588 So. 2d 1019· Fla. 5th DCA· 1991-10-24
• Alaska Airlines, Inc. v. City OF Long Beach
  951 F.2d 977· 9th Cir.· 1991-10-24
• Paskvan v. City OF Cleveland Civil Serv. Comm'n
  946 F.2d 1233· 6th Cir.· 1991-10-18
  The court held that the plaintiff arguably alleged sufficient facts to create an implied contract or mutually explicit understanding for promotion based on test scores, and alleged a lack of adequate state remedy, thus surviving the motion to dismiss.
• In re The S.C. Press Ass'n
  946 F.2d 1037· 4th Cir.· 1991-10-04
  The court held that while the district court erred in failing to provide adequate notice and opportunity to be heard regarding closure of voir dire in the Blanding/Gordon case, the issue was moot for purposes of issuing a writ of mandamus. In the Derrick case, the district court
• STS Land Assocs., L.P. v. The City of Hollywood
  585 So. 2d 1170· Fla. 4th DCA· 1991-09-18
  The Florida appellate court reviewed a circuit court decision affirming a city's approval of a miniature golf course as a special exception use in a business zoning district. The court held that the special exception was invalid because the zoning ordinance did not expressly perm
• Johnson v. Rodriguez
  943 F.2d 104· 1st Cir.· 1991-08-23
  The court held that the district court properly dismissed the plaintiff's complaint as frivolous because his claims against Harvard were time-barred and his procedural due process claim against state defendants failed to allege a deprivation of a protected interest.
• Delahoussaye v. City OF NEW Iberia
  937 F.2d 144· 5th Cir.· 1991-07-22
  The University is an arm of the state immune under the Eleventh Amendment, and the City's removal of the plaintiff from a re-employment list was rationally related to a legitimate governmental purpose, thus not violating due process or equal protection.
• Saverio Senape, M.D. v. Constantino
  936 F.2d 687· 2d Cir.· 1991-06-18
  A physician-provider has no property interest in continued enrollment in New York's Medicaid program due to broad state discretion, and a liberty interest claim requires proof of publication of stigmatizing information, which was not sufficiently alleged.
• Campbell v. Warden Gary Henman
  931 F.2d 1212· 7th Cir.· 1991-05-09
  The court held that the district court erred by failing to determine if exculpatory evidence existed and by not conducting an in camera review of the entire investigatory file. The court also clarified that failing to use a staff representative does not waive an inmate's right to
• Grimes v. Pearl River Valley Water Supply Dist.
  930 F.2d 441· 5th Cir.· 1991-05-06
  The court held that Mississippi's sovereign immunity statute does not violate the Mississippi or United States Constitutions, and therefore, the Pearl River Valley Water Supply District is immune from the plaintiffs' wrongful death claim.
• Hood v. City OF Chicago
  927 F.2d 312· 7th Cir.· 1991-03-11
  The court held that the district court correctly dismissed the plaintiff's § 1983 claim because the availability of adequate state tort remedies, such as false arrest and imprisonment, satisfied the requirements of procedural due process under the Fourteenth Amendment.
• Lake IDA Prot. Soc'y, Inc. v. Bd. OF Cnty. Comm'rs OF Putnam Cnty.
  574 So. 2d 1205· Fla. 5th DCA· 1991-02-21
  Lake Ida Protection Society sought to overturn a county decision that a boat ramp and parking area on lakefront lots constituted a conforming use under the zoning ordinance, not requiring a special exception. The court denied the petition, finding the circuit court's denial of ce
• Scott v. Williams
  924 F.2d 56· 4th Cir.· 1991-01-22
  The court held that Virginia's procedures for suspending a driver's license based on a medical director's report of drug addiction, followed by prompt reinstatement procedures, satisfy the due process clause of the Fourteenth Amendment.
• State v. McCLAIN
  572 So. 2d 23· Fla. 4th DCA· 1990-12-28
  Florida appellate court reversed a downward departure sentence because the trial judge engaged in ex parte communications with witnesses without the presence of the state, requiring resentencing before a new judge.
• Howze v. City OF Austin
  917 F.2d 208· 5th Cir.· 1990-11-19
  The court held that the plaintiff presented insufficient evidence to support a jury finding that he ever requested a hearing.
• Bd. OF Cnty. Comm'rs OF Monroe Cnty. v. KEY Largo Assocs., Ltd.
  569 So. 2d 517· Fla. 3d DCA· 1990-10-30
  Monroe County challenged a circuit court's reversal of the county's denial of a conditional use permit requested by Key Largo Associates. The appellate court denied the county's certiorari application, finding the lower court properly applied the Irvine standard requiring compete
• Hvamstad v. Suhler
  915 F.2d 1218· 8th Cir.· 1990-10-05
  Minnesota's nuisance abatement law, which defines a nuisance based on a certain number of prostitution convictions at a location and allows for abatement after notice and a hearing on the convictions, satisfies due process.
• Miami Tele-Communications, Inc. v. City of Miami
  743 F. Supp. 1573· S.D. Fla.· 1990-07-19
  Miami Tele-Communications, Inc. challenged a $2,500-per-day penalty imposed by the City of Miami without prior notice or opportunity to be heard, asserting violations of due process, equal protection, and Florida contract law. The court held that the licensing ordinance required
• Sallie Elizabeth Johnston-Taylor v. Gannon
  907 F.2d 1577· 6th Cir.· 1990-07-13
  The court held that professors with tenure or continuing contracts have a protected property interest in their employment and may not be discharged without due process, including a hearing on the grounds for dismissal.
• McDARBY v. Dinkins
  907 F.2d 1334· 2d Cir.· 1990-07-02
  The court held that a public pension board's failure to follow its own procedural rules for determining the cause of disability, when the claimant received the minimum benefits to which they were entitled, does not constitute a violation of federal procedural due process actionab
• Zinker v. Doty
  907 F.2d 357· 2d Cir.· 1990-06-29
  The court held that the defendants were entitled to qualified immunity because the constitutional requirements for a pre-termination hearing for classified state employees were not clearly established prior to the Supreme Court's decision in Cleveland Board of Education v. Louder
• United States v. Cardenas-Yanez
  741 F. Supp. 212· S.D. Fla.· 1990-06-20
  The court held that the defendant's probation term had commenced and that his due process rights were not violated by the probation office's actions or delays.
• Daiva Richardson and Ronnie Richardson v. City OF S. Euclid
  904 F.2d 1050· 6th Cir.· 1990-06-11
  The majority erred by requiring proof of separate property or liberty interests beyond the deprivation caused by an unconstitutionally vague ordinance, which itself violates due process.
• Davis v. Thornburgh
  903 F.2d 212· 3d Cir.· 1990-05-15
  The court held that the plaintiff lacked standing to challenge the Pennsylvania Adoption Act's procedures in federal court because the state court's final order terminating her parental rights was res judicata and could not be collaterally attacked. The court also found the claim
• Claude E. Atkins Enters., Inc. v. The United States
  899 F.2d 1180· Fed. Cir.· 1990-03-20
  The court held that the Claims Court did not abuse its discretion in dismissing the complaint for failure to comply with court orders and that the dismissal did not violate the plaintiff's due process rights.
• King v. State
  557 So. 2d 899· Fla. 5th DCA· 1990-03-01
  Peter King challenged the constitutionality of Florida's amended Habitual Felony Offender statute on equal protection and due process grounds after being convicted and sentenced to ten years as a habitual offender. The Fifth District Court of Appeal upheld the statute as constitu
• Sawma v. Perales
  895 F.2d 91· 2d Cir.· 1990-02-01
  The court held that a state agency is not constitutionally obligated to compel a claimant seeking public benefits to undergo a psychiatric examination when the claimant refuses.
• The Okla. Educ. Ass'n v. The Alcoholic Bev. Laws Enf't Comm'n
  889 F.2d 929· 10th Cir.· 1989-11-07
  Oklahoma's constitutional and statutory provisions prohibiting state employees from working in the alcoholic beverage business do not violate the First or Fourteenth Amendments, as they are rationally related to legitimate state interests and do not infringe upon fundamental righ
• Lipcon v. Guardianship OF Johnny Diaz
  556 So. 2d 1125· Fla. 3d DCA· 1989-11-07
• Farmer v. Seiter
  884 F.2d 900· 6th Cir.· 1989-08-03
  The court held that the case should be remanded to the district court for reconsideration in light of a new Supreme Court decision.
• City OF Miami v. Meynarez
  546 So. 2d 771· Fla. 3d DCA· 1989-07-18
  The City of Miami appeals a circuit court order reinstating finance manager Mary Meynarez after she was terminated without proper notice of her civil service bumping rights. The District Court of Appeal affirms, holding that Meynarez was denied due process when the city failed to