Procedural Due Process

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

• Sheppard v. The W. Va. Bd. OF Regents
  516 F.2d 826· 4th Cir.· 1975-05-29
  The court held that the plaintiff did not have a property interest in continued employment sufficient to invoke procedural due process protections because she was not granted tenure and received proper notice of non-reappointment according to the regulations.
• Anderson v. State of Fla. Dep't OF Commerce
  312 So. 2d 472· Fla. 4th DCA· 1975-05-16
  The court held that the Industrial Relations Commission's order must be vacated and a new hearing granted due to a procedural irregularity at the initial hearing.
• Gardner v. The Nashville Hous. Auth. OF the Metro. Gov't OF Nashville & Davidson Cnty.
  514 F.2d 38· 6th Cir.· 1975-04-10
  The court affirmed the district court's dismissal of the plaintiffs' complaints, finding no clear error in the factual findings or legal conclusions regarding urban redevelopment.
• United States v. Drozd
  512 F.2d 1165· 3d Cir.· 1975-03-26
  The court held that the Appeal Board's affirmation of the local board's classification, without considering additional evidence and without providing adequate reasons, was unlawful and insufficient to support a conviction for refusing induction.
• Cornelia Webster v. Alan R. Perry as Chairman & representative of the Bd. of Educ. of the Winston-Salem/Forsyth Cnty. Sch. Sys.
  512 F.2d 612· 4th Cir.· 1975-03-17
  The court held that the district court correctly abstained from deciding the vagueness and overbreadth claims pending state court construction, but erred in remanding the due process claim, which requires a three-judge panel.
• Chaitkin v. Dep't OF Hwy. Safety & Motor Vehicles
  294 So. 2d 352· Fla. 1st DCA· 1974-05-16
  The court held that the Department of Highway Safety and Motor Vehicles properly revoked the petitioner's driver's license as an habitual traffic offender, as there is no statutory provision for mitigation in such cases.
• Certified Blood Donor Servs., Inc. v. United States
  631 F.2d 964· Cust. Ct.· 1974-04-03
  The court held that a contractor denied government contracts due to a determination of lacking integrity, without prior notice of the allegations and an opportunity to respond, was deprived of a liberty interest protected by the Fifth Amendment's Due Process Clause.
• Gonzales v. Vowell
  490 F.2d 475· 5th Cir.· 1974-03-01
  A state is not required to provide a pre-reduction hearing or appointed counsel to a welfare recipient whose benefits are reduced, rather than terminated, if the reduction does not closely approximate complete termination.
• In the Interest of B.O.W.
  40 Fla. Supp. 93· Dade Cty. Cir. Ct.· 1974-02-07
  In this child dependency case, the Dade County Circuit Court upheld Florida's dependency statute against constitutional challenges and adjudicated B.O.W., an eight-month-old child with spiral fractures and skull fractures, as a dependent child due to parental child abuse. The cou
• Painter v. Leeke
  485 F.2d 427· 4th Cir.· 1973-10-15
  A criminal trial requires that the accused be given an opportunity to make appropriate non-frivolous motions, and denial of this right deprives the accused of due process.
• City of Lakeland v. Bunch
  39 Fla. Supp. 185· Polk Cty. Cir. Ct.· 1973-09-26
  A Florida circuit court struck down statutory provisions allowing municipalities to obtain orders of taking in eminent domain proceedings without providing landowners prior notice and hearing before the city commission's decision. The court held that these procedures violated due
• Marcellus B. McCULLOUGH v. Lohn
  483 F.2d 34· 5th Cir.· 1973-08-16
  The court held that a probationary teacher's complaint for non-re-employment, lacking claims of racial motivation or constitutional reprisal, did not establish a sufficient expectancy of re-employment to warrant procedural due process safeguards.
• W. Coach Corp. v. Shreve
  475 F.2d 754· 9th Cir.· 1973-03-06
  The court held that Arizona's prejudgment garnishment laws are unconstitutional as they violate the due process clause by not providing adequate notice and opportunity for a hearing.
• Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n
  38 Fla. Supp. 61· Hillsborough Cty. Cir. Ct.· 1973-01-16
  Bay Crest Utility Co. successfully challenged the Hillsborough County Commission's revocation of its sewage treatment franchise on grounds that the Commission lacked statutory authority to enforce pollution laws and acted arbitrarily and capriciously. The court issued a writ of c
• Schlesinger v. Laird
  409 U.S. 1056· U.S.· 1972-12-11
• Huguenot v. Louie L. Wainwright
  464 F.2d 1077· 5th Cir.· 1972-07-28
  The court held that even if prison officials lacked probable cause for administrative segregation, constitutional provisions did not preclude such action.
• The Sch. Dist. OF the Borough OF W. Homestead v. Interim Operating Comm. OF Admin. Unit NO. 21
  462 F.2d 166· 3d Cir.· 1972-06-06
  The court held that the school district's claims of procedural due process deprivation were without merit because it failed to utilize the available appeal procedures.
• Finley v. Captain John Drew
  455 F.2d 515· 3d Cir.· 1972-03-14
  The appellate court affirmed the district court's grant of a writ of habeas corpus, finding no error in the lower court's disposition.
• Miller v. United States
  455 F.2d 833· 4th Cir.· 1971-12-15
  The court held that claimants were entitled to procedural due process, including a hearing, to litigate their claim for a share of the fine imposed under the Refuse Act.
• Haggerty v. Selective Serv. Sys.
  449 F.2d 795· 3d Cir.· 1971-10-15
  The court held that the Selective Service System's determination of the appellant's acceptability for military service, despite his spondylolisthesis, was not a violation of procedural due process and was supported by substantial evidence.
• Salkay v. Broward Williams
  445 F.2d 599· 5th Cir.· 1971-06-22
  The court held that the district court's dismissal for failure to exhaust administrative remedies was erroneous because the administrative procedures at issue were unconstitutional.
• Ortiz v. Warner M. Depuy
  444 F.2d 429· 3d Cir.· 1971-06-21
  The court held that the Pennsylvania Motor Vehicle Safety Responsibility Act's Section 1404 is unconstitutional as violative of procedural due process, similar to a Georgia statute previously struck down.
• Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Laird
  443 F.2d 617· 5th Cir.· 1971-06-15
  The court held that the Air Force's denial of conscientious objector applications for insufficient documentation constituted a final administrative decision, allowing immediate access to habeas corpus relief.
• Young v. Broward Williams
  249 So. 2d 684· Fla.· 1971-06-10
  The court held that Florida's financial responsibility law, as applied, violates due process by suspending driving privileges without a prior hearing on liability.
• Cato B. Corbett, Jr. v. Winton M. Blount
  441 F.2d 1118· 5th Cir.· 1971-05-04
  The court held that the dismissal of the appellant was validly effectuated because there was substantial compliance with the Post Office Department's regulations.
• Cavanaugh v. Dist. OF Columbia
  441 F.2d 1039· D.C. Cir.· 1971-03-17
  The court held that it would not review constitutional claims not raised or preserved in the lower courts, especially when the appellant was not indigent.
• Dade Cnty. v. Gen. Waterworks Corp.
  35 Fla. Supp. 71· Dade Cty. Cir. Ct.· 1971-02-16
  Dade County sought to condemn private water and sewer utility systems and proposed to value them using only capitalized earnings on the regulated rate base, excluding any compensation for "contributed property" (assets funded by customers and developers). The court held that the
• Wometco Enters., Inc. v. Broward Cnty.
  35 Fla. Supp. 27· Broward Cty. Cir. Ct.· 1971-02-02
  Wometco Enterprises challenged a Broward County board of equalization's 1968 assessment of their tangible personal property, claiming the board denied them procedural due process by refusing to consider their appraisal evidence. The circuit court granted certiorari, finding the a
• Mack v. The Fla. State Bd. OF Dentistry
  430 F.2d 861· 5th Cir.· 1970-07-07
• Nat'l Labor Relations Bd. v. United Ass'n OF Journeymen & Apprentices OF the Plumbing & Pipe Fitting Indus. OF the United States & Canada
  427 F.2d 341· 9th Cir.· 1970-06-05
  The court held that a variance between the complaint and findings did not deny due process because the issue was fairly tried, but the Board's order was overbroad.
• Simon v. Simon
  235 So. 2d 540· Fla. 3d DCA· 1970-05-19
  Former husband appeals trial court's order enforcing a property settlement agreement and alimony/child support provisions despite his argument that custody changes should have modified his obligations. The court affirms the enforcement order, holding that evidence of changed circ
• Great Lakes Carbon Corp. v. Nat'l Labor Relations Bd.
  425 F.2d 26· 7th Cir.· 1970-03-17
  The court held that there was substantial evidence to support the Board's findings that the company violated the Act by threatening to discharge and discharging employee Donald Cmar.
• United States v. Wenzel
  422 F.2d 1325· 9th Cir.· 1970-02-25
  A registrant cannot have their classification reopened to claim conscientious objector status after an induction order has been issued.
• United States v. Kingen
  421 F.2d 158· 9th Cir.· 1970-01-16
  The court held that the registrant's claim for conscientious objector status was not timely presented after an order for induction had been mailed, and the board was not required to reopen his classification.
• Kelley v. Shapiro
  417 F.2d 1338· 2d Cir.· 1969-10-06
  The court affirmed the district court's judgment, holding that the Commissioner was entitled to summary judgment.
• Conyers v. Pinellas Cnty. Bd. of Pub. Instruction
  33 Fla. Supp. 5· Pinellas Cty. Cir. Ct.· 1969-09-19
  A Florida circuit court rejected a constitutional challenge to a school district's hair-length regulations, holding that public schools acting in loco parentis are not required to provide procedural due process in disciplinary matters. The court dismissed the complaint and quashe
• Nat'l Labor Relations Bd. v. Preiser Sci., Inc.
  387 F.2d 143· 4th Cir.· 1967-12-04
  The court enforced the National Labor Relations Board's order, finding substantial evidence supported the findings of unfair labor practices.
• Cmty. Utils. Corp. v. Metro. Dade Cnty. Water & Sewer Bd.
  26 Fla. Supp. 151· Dade Cty. Cir. Ct.· 1966-05-23
  Community Utilities Corporation challenged a rate reduction order issued by the Metropolitan Dade County Water and Sewer Board. The circuit court granted a writ of certiorari, finding that the board's order was arbitrary and violated essential requirements of law by shifting the
• Liberty Nat'l Ins. Co. v. Reinsurance Agency, Inc.
  307 F.2d 164· 9th Cir.· 1962-06-28
  The dissenting judge holds that a rehabilitated insurance company cannot benefit from a contract while escaping its detriments, and that res judicata and nonclaim statutes do not bar the claim for earned commissions.
• Manke v. United States
  259 F.2d 518· 4th Cir.· 1958-09-24
  The court held that the order for induction was invalid because the Appeal Board was influenced by a flawed Department of Justice recommendation based on a mistaken assumption of fact, constituting a denial of procedural due process.
• Wolfe v. United States
  256 F.2d 434· 6th Cir.· 1958-05-22
  The court held that there was no basis in fact for the local board's refusal to classify the appellant as 4-D (minister).
• Petition for Review of the Application of Cha'o LI CHI v. Murff
  250 F.2d 854· 2d Cir.· 1957-12-31
  The court held that the Commissioner could rely on confidential information to deny an alien's application for withholding of deportation and adjustment of status, and that the language of the Refugee Relief Act did not mandate a full hearing with disclosure of informants.
• Chang AH Ding and Chang Shing Hwa v. United States
  239 F.2d 852· 5th Cir.· 1957-01-09
  The court held that the appeal is moot because the necessary travel documents for deportation have been obtained since the appeal was filed.
• Dobrenen v. United States
  235 F.2d 273· 9th Cir.· 1956-06-26
• Reese v. United States
  225 F.2d 766· 9th Cir.· 1955-08-22
  The court held that the appellant's classification as a conscientious objector available for civilian work had a substantial basis in fact and that he received a fair trial, affirming his conviction.
• United States v. Cooper
  223 F.2d 448· 3d Cir.· 1955-06-16
  The court held that the appellant was improperly convicted because he did not receive a copy of the Department of Justice's recommendation to the Appeal Board.
• Sheats v. United States
  215 F.2d 746· 10th Cir.· 1954-09-10
  The court held that denying a registrant access to an unfavorable hearing officer's report, which was part of his selective service file and considered by the boards, constitutes a denial of procedural due process, invalidating the induction order.
• Penny v. United States
  213 F.2d 363· 6th Cir.· 1954-06-16
  The court affirmed the conviction, finding no error in the draft board's procedures or the trial court's rulings.
• Smith v. Sherrard
  208 F.2d 180· Emer. Ct. App.· 1953-12-02
  The court held that procedural due process does not require an oral hearing as a matter of right before a rent decrease order can be entered, provided an opportunity for such a hearing is afforded upon a proper showing.
• United States ex rel. Bojarchuk v. Shaughnessy
  206 F.2d 238· 2d Cir.· 1953-08-07
  The court held that the order sustaining the writ of habeas corpus must be reversed because the prior controlling precedent has been overturned, and the record lacks sufficient findings to determine if the alien was denied due process.