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

• Nat'l Labor Relations Bd. v. N. Elec. Co.
  644 F.2d 580· 6th Cir.· 1981-03-26 ·cited 42×
  The court held that the Regional Director must transmit the entire record of documentary evidence to the Board, as required by the plain language of 29 C.F.R. § 102.69(g).
• Metro. Hous. Dev. Corp. v. Vill. OF Arlington Heights
  616 F.2d 1006· 7th Cir.· 1980-03-04 ·cited 42×
  The court held that the intervenors' federal constitutional right to procedural due process was violated by the failure to provide notice and an opportunity for a hearing regarding the annexation and rezoning of a tract of land.
• Major Adolph H. Knehans, Jr. v. Alexander
  566 F.2d 312· D.C. Cir.· 1977-10-03 ·cited 42×
  The court held that an officer discharged after being twice passed over for promotion, despite minor errors in his personnel file, was not entitled to a new review or due process hearing, and had failed to exhaust administrative remedies.
• Mack v. Cape Elizabeth Sch. Bd.
  553 F.2d 720· 1st Cir.· 1977-04-25 ·cited 42×
  The court held that a probationary teacher's notice of intent to return did not create a property interest for procedural due process, but reversed summary judgment on the Title VII claim because the defendant's affidavits did not adequately address the specific reason for the pl
• White v. Roughton
  530 F.2d 750· 7th Cir.· 1976-02-27 ·cited 42×
  The court held that the denial of a preliminary injunction was improper because the township's administration of general assistance grants violated plaintiffs' procedural due process rights by failing to provide adequate notice, hearing, and established standards.
• McLEAN Trucking Co. v. Occupational Safety & Health Review Comm'n
  503 F.2d 8· 4th Cir.· 1974-09-04 ·cited 42×
  The court held that the Occupational Safety and Health Act's safety standard for protective equipment was not unconstitutionally vague and that the Act provides adequate procedural due process.
• Phillips Petroleum Co. v. Fed. Power Comm'n
  475 F.2d 842· 10th Cir.· 1973-02-20 ·cited 42×
  The court held that the Federal Power Commission's (FPC) use of rulemaking procedures to set natural gas producer rates, without a full evidentiary hearing, violated statutory and constitutional requirements.
• Emery AIR Freight Corp. v. Local Union 295
  449 F.2d 586· 2d Cir.· 1971-09-24 ·cited 42×
  The court held that the preliminary injunction was improperly granted because the underlying dispute was not arbitrable, and the contempt order and fine were imposed without a proper hearing, requiring reconsideration.
• Nelson v. Miller
  373 F.2d 474· 3d Cir.· 1967-02-13 ·cited 42×
  The court held that the district court did not err in denying a preliminary injunction, as the availability of post-discharge administrative review and the 'Honorable' discharge status mitigated potential irreparable harm.
• Swindell-Dressler Corp. v. Honorable Edward Dumbauld
  308 F.2d 267· 3d Cir.· 1962-09-25 ·cited 42×
  The court held that the district court lost jurisdiction by transferring a case without affording the aggrieved party notice and an opportunity to be heard, violating due process.
• United States v. Balogh
  157 F.2d 939· 2d Cir.· 1946-10-31 ·cited 42×
  The court held that the registrant was denied a fair hearing due to procedural errors in the classification process, specifically the use of an improperly constituted advisory panel's report.
• Nat'l Labor Relations Bd. v. Ford Motor Co.
  119 F.2d 326· 5th Cir.· 1941-04-23 ·cited 42×
  The court held that while the Board's findings of unfair labor practices were supported by evidence, its order must be modified to be limited to the specific plant where the violations occurred and to strike provisions beyond the scope of the complaint.
• Naegele Outdoor Adv. Co. v. Jacksonville
  659 So. 2d 1046· Fla.· 1995-08-24 ·cited 41×
  The Supreme Court of Florida reviewed a district court's decision to quash a temporary injunction that had prohibited the City of Jacksonville from levying fines against billboard companies for violating a sign ordinance. The court ultimately approved the district court's decisio
• Brady v. Town OF Colchester
  863 F.2d 205· 2d Cir.· 1988-12-01 ·cited 41×
  The court held that the Bradys presented sufficient evidence to create a genuine issue of material fact regarding their equal protection and substantive due process claims, requiring reversal of summary judgment on those claims.
• Cherokee Crushed Stone, Inc. v. City OF Miramar
  421 So. 2d 684· Fla. 4th DCA· 1982-11-03 ·cited 41×
  Cherokee Crushed Stone sought review of a City Commission denial of a special exception for mining operations. The Fourth District Court of Appeal addressed whether Florida Constitution Article V, Section 4(b)(1) guarantees a plenary appellate review right from a circuit court's
• Campbell v. Vetter
  392 So. 2d 6· Fla. 4th DCA· 1980-10-29 ·cited 41×
  The court held that the circuit court properly exercised its jurisdiction and conformed to the essential requirements of law in reversing the administrative board's decision.
• Warren v. Crawford
  927 F.2d 559· 11th Cir.· 1991-03-26 ·cited 40×
  The court dismissed an appeal because the defendant pleaded guilty, not nolo contendere with a reservation of appeal, thus forfeiting the right to appeal, but remanded for correction of sentencing discrepancies.
• ENG v. Coughlin
  858 F.2d 889· 2d Cir.· 1988-10-04 ·cited 40×
  The court held that the denial of qualified immunity and Eleventh Amendment immunity claims are immediately appealable interlocutory orders. It affirmed summary judgment for Milligan, finding no clearly established constitutional violation, but remanded for the district court to
• Turner v. Dammon
  848 F.2d 440· 4th Cir.· 1988-05-03 ·cited 40×
  The court held that the denial of qualified immunity for some officers was proper, but the grant of summary judgment based on qualified immunity for others was not. The court also addressed the issue of improper motive in qualified immunity analysis.
• Patterson v. Coughlin
  761 F.2d 886· 2d Cir.· 1985-05-09 ·cited 40×
  The court held that a state prisoner alleging a deprivation of liberty without constitutionally adequate predeprivation procedures, even if a post-deprivation remedy exists, states a claim under 42 U.S.C. § 1983.
• Davis v. W. Cmty. Hosp.
  755 F.2d 455· 5th Cir.· 1985-03-21 ·cited 40×
  The court held that Dr. Davis's letters were not protected speech, reversing his First Amendment claim, but affirmed his procedural due process claim. It also reversed his libel claim due to the jury finding the statements true and remanded for nominal damages on his equal protec
• Rich v. Secretary OF THE Army
  735 F.2d 1220· 10th Cir.· 1984-06-01 ·cited 40×
  The court held that the Army followed its regulations in discharging the plaintiff for fraudulent enlistment by denying homosexuality, and that the discharge did not violate his constitutional rights.
• Papago Tribal Util. Auth. v. Fed. Energy Regulatory Comm'n
  723 F.2d 950· D.C. Cir.· 1983-12-13 ·cited 40×
  The court held that the Commission's order approving rate increases and making them effective retroactively was valid, as the contract implicitly allowed for Section 206(a) rate changes and the substance of the required findings was met.
• Gold Cross Ambulance & Transfer & Standby Serv., Inc. v. City OF Kan. City
  705 F.2d 1005· 8th Cir.· 1983-04-26 ·cited 40×
  The court held that Kansas City, MAST, and their consultants are shielded from federal and state antitrust liability under the state action doctrine because the municipal ambulance system was established pursuant to state authorization and a clearly articulated state policy to di
• Nat'l Lake Developments, Inc. v. Lake Tippecanoe Owners Ass'n, Inc.
  417 So. 2d 655· Fla.· 1982-07-15 ·cited 40×
  The Florida Supreme Court held that a nonfinal order determining the composition of a plaintiff class in a class action lawsuit does not constitute an order determining jurisdiction of the person and therefore is not immediately appealable under Florida Rule of Appellate Procedur
• Knell v. Bensinger
  522 F.2d 720· 7th Cir.· 1975-09-26 ·cited 40×
  The court held that prison administrators are entitled to qualified immunity from damages if they acted with a reasonable good faith belief that their actions did not violate clearly established constitutional rights, even if those actions later proved to be unlawful.
• Pangburn v. Civil Aeronautics Bd.
  311 F.2d 349· 1st Cir.· 1962-12-14 ·cited 40×
  The court held that the Civil Aeronautics Board's order suspending the petitioner's Airline Transport Pilot Rating was supported by substantial evidence and did not violate due process, affirming the Board's interpretation of its authority to impose suspensions for deterrent purp
• Nat'l Labor Relations Bd. v. Vapor Blast Mfg. Co.
  287 F.2d 402· 7th Cir.· 1961-02-28 ·cited 40×
  The court held that the Board's regulations restricting pre-trial discovery of employee affidavits do not violate due process and that Section 10(b) of the Act does not require the Board to adopt the full discovery procedures of the Federal Rules of Civil Procedure.
• United States v. Hagaman
  213 F.2d 86· 3d Cir.· 1954-05-13 ·cited 40×
  The court held that the National Appeal Board's reclassification of the registrant from conscientious objector to available for induction was arbitrary and without a lawful basis, rendering the induction order invalid.
• Belvin v. State
  922 So. 2d 1046· Fla. 4th DCA· 2006-03-08 ·cited 39×
  Bruce Belvin challenges his DUI conviction based on the admission of a breath test affidavit without the opportunity to cross-examine the breath test technician. The Fourth District Court of Appeal grants certiorari, holding that portions of the breath test affidavit describing t
• Therrien v. State
  859 So. 2d 585· Fla. 1st DCA· 2003-11-25 ·cited 39×
  John Richard Therrien challenges his designation as a sexual predator under Florida's Sexual Predator Act, arguing the 1998 amendment violates separation of powers and procedural due process, and was improperly applied retroactively to his 1997 convictions. The court affirms the
• Nolin v. Douglas Cnty.
  903 F.2d 1546· 11th Cir.· 1990-06-26 ·cited 39×·via Violation Of Procedural Due Process
  The court held that the district court did not abuse its discretion in denying a late motion to amend the complaint, excluding employment guidelines due to lack of authentication, and granting a directed verdict for the defendants on due process and emotional distress claims.
• Moore v. Warwick Pub. Sch. Dist. NO. 29
  794 F.2d 322· 8th Cir.· 1986-06-13 ·cited 39×
  The court held that the district court erred in dismissing the section 504 claim and in sua sponte granting summary judgment on the section 1983 due process claims.
• Jackson v. Procunier
  789 F.2d 307· 5th Cir.· 1986-05-09 ·cited 39×
  The court held that a prisoner's pro se complaint alleging intentional delay of legal mail, resulting in the dismissal of his civil appeal, stated a claim for the intentional deprivation of a constitutional right of access to the courts, not merely a negligent tort.
• Lynch v. Baxley
  744 F.2d 1452· 11th Cir.· 1984-10-26 ·cited 39×
  The court held that temporary jail detention of individuals awaiting involuntary civil commitment proceedings violates substantive and procedural due process, and ordered that such individuals must be detained in appropriate mental health facilities.
• Acosta v. Turner
  666 F.2d 949· 5th Cir.· 1982-02-04 ·cited 39×
  The court held that the state trial court failed to adequately inquire into the defendant's competency to stand trial, violating his procedural due process rights under Pate v. Robinson.
• Buie v. Barnett First Nat'l Bank OF Jacksonville
  266 So. 2d 657· Fla.· 1972-07-12 ·cited 39×
  The Florida Supreme Court held that a bank may be liable for punitive damages when it seizes an automobile without following statutory repossession procedures, even when acting on information that the vehicle may be involved in criminal activity. The court reversed the District C
• United States v. Ford
  431 F.2d 1310· 1st Cir.· 1970-10-06 ·cited 39×
  The court held that the induction order was invalid because the local board failed to consider crucial medical information submitted by the registrant's doctors, thereby denying him essential procedural rights.
• McGLASSON v. The United States
  397 F.2d 303· Ct. Cl.· 1968-06-14 ·cited 39×
  The court held that the plaintiff failed to sustain her burden of proof for recovery and that the petition must be dismissed, agreeing with the outcome but not the plurality's reasoning.
• Rowton v. United States
  229 F.2d 421· 6th Cir.· 1956-01-10 ·cited 39×
  The court held that the failure of local draft boards to post the names of advisors did not prejudice the appellants and therefore did not invalidate their convictions.
• Garrett v. State
  876 So. 2d 24· Fla. 1st DCA· 2004-05-18 ·cited 38×
  The court held that the trial court erred by failing to provide the defendant an opportunity to present mitigating circumstances before adjudicating him in direct criminal contempt.
• United States v. Ombey Mobley
  956 F.2d 450· 3d Cir.· 1992-02-14 ·cited 38×
  The court held that applying guideline § 2K2.1(b)(2) as a strict liability enhancement, in lieu of a criminal charge requiring scienter, violates substantive due process. Additionally, the preponderance of the evidence standard for sentencing factfinding in this context implicate
• NEW Burnham Prairie Homes v. Vill. OF Burnham
  910 F.2d 1474· 7th Cir.· 1990-08-21 ·cited 38×
  The court held that the district court properly granted summary judgment on the RICO, due process, and equal protection claims, and that evidentiary and instructional rulings during the trial of the racial discrimination claims were not an abuse of discretion.
• Santiago v. Nestor Velazquez Garcia
  821 F.2d 822· 1st Cir.· 1987-06-05 ·cited 38×
  The court held that a prison regulation creating procedural rights for inmate transfers can create a liberty interest protected by due process, and a violation of these procedures, specifically a delayed post-transfer hearing, constitutes a due process violation for which damages
• Davis v. Lane
  814 F.2d 397· 7th Cir.· 1987-03-10 ·cited 38×
  The court held that the trial court erred by merging jury instructions for federal and state law claims and by directing a verdict on the due process claim, requiring a new trial.
• Brown v. Tex. A & M Univ.
  804 F.2d 327· 5th Cir.· 1986-11-17 ·cited 38×
  The court held that the plaintiff failed to plead his procedural due process claim with sufficient particularity to overcome qualified immunity, but may replead a substantive due process claim for retaliation.
• Roberts v. The City OF Troy & Forrest O. Fisher
  773 F.2d 720· 6th Cir.· 1985-09-30 ·cited 38×
  The court's majority opinion, which this concurrence agrees with, likely found that the Parratt-Beebe analysis for procedural due process claims was inapplicable to deprivations of life, and that the conduct was not random and unauthorized, nor was there an adequate post-deprivat
• Austin Mun. Sec., Inc. v. Nat'l Ass'n OF Sec. Dealers, Inc.
  757 F.2d 676· 5th Cir.· 1985-04-15 ·cited 38×·via Deprivation Of Procedural Due Process
  The National Association of Securities Dealers, Inc. (NASD) and its disciplinary officers possess absolute immunity for actions within the scope of their official duties, and legislation authorizing NASD's disciplinary process implicitly repeals inconsistent antitrust provisions.
• Hewitt v. City OF Truth OR Consequences
  758 F.2d 1375· 10th Cir.· 1985-04-04 ·cited 38×
  The court held that ordinary negligence can support a § 1983 suit, but the facts presented could also support a finding of gross negligence or wanton conduct.
• Guenther v. Holmgreen
  738 F.2d 879· 7th Cir.· 1984-07-09 ·cited 38×
  The court held that a state court's finding of probable cause, made after a full and fair opportunity to litigate, collaterally estops a plaintiff from relitigating the same issue in a subsequent § 1983 action.