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

• Leconte Fleurinor v. Immigr. & Naturalization Serv.
  585 F.2d 129· 5th Cir.· 1978-11-30 ·cited 38×
  The court held that it lacked jurisdiction to review the District Director's denial of asylum and that the petitioner failed to demonstrate a well-founded fear of persecution to warrant withholding deportation.
• Matilde R. Ramirez de Arellano v. de Choudens
  575 F.2d 315· 1st Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff's claim was time-barred because the prior mandamus action did not toll the statute of limitations for her § 1983 claim. The court also found that the plaintiff's due process rights were not violated.
• Clark v. Lon Mann
  562 F.2d 1104· 8th Cir.· 1977-08-31 ·cited 38×
  The court held that the class of plaintiffs was limited as stipulated, the statute of limitations is three years, and while one plaintiff was discriminated against in promotion, the others failed to prove racial discrimination or due process violations in their terminations.
• Eskel Norbeck v. Davenport Cmty. Sch. Dist.
  545 F.2d 63· 8th Cir.· 1976-11-29 ·cited 38×
• Stuart M. Christhilf, Jr., M.D. v. The Annapolis Emergency Hosp. Ass'n, Inc.
  496 F.2d 174· 4th Cir.· 1974-04-23 ·cited 38×
  The court held that the hospital board denied the physician procedural due process by limiting his ability to defend against past infractions considered as 'historical background' rather than examining their merits.
• Raper v. Lucey
  488 F.2d 748· 1st Cir.· 1973-12-11 ·cited 38×
  The court held that the failure to provide reasons for denying a motor vehicle license application and the failure to publish the Board of Appeal's policies violate procedural due process.
• Joachim Hagopian v. Major General William Knowlton
  470 F.2d 201· 2d Cir.· 1972-10-31 ·cited 38×
  The court held that while individual demerit awards need not be preceded by a formal hearing, separation from the Academy for accumulated demerits requires a fair hearing where the cadet can personally appear and present witnesses and evidence.
• United States v. Turner
  421 F.2d 1251· 3d Cir.· 1970-02-10 ·cited 38×
  The court held that the defendant was denied due process because his local selective service board failed to provide him with the means to adequately present his claim for conscientious objector status.
• KAM NG v. Alva L. Pilliod
  279 F.2d 207· 7th Cir.· 1960-06-16 ·cited 38×
  The court held that the denial of suspension and withholding of deportation was not an abuse of discretion, as the appellant received procedural due process and the agency's decision was not arbitrary or capricious.
• Advanced Chiropractic & Rehab. Ctr. v. United Auto. Ins. Co.
  103 So. 3d 866· Fla. 4th DCA· 2012-09-12 ·cited 37×
  The court held that a circuit court's reversal of a county court order on grounds not preserved below or argued on appeal constitutes a denial of due process, warranting a writ of certiorari.
• Eight Hundred, Inc. v. Fla. Dep't OF Revenue
  837 So. 2d 574· Fla. 1st DCA· 2003-02-12 ·cited 37×
  The court held that an administrative law judge erred by ordering the disclosure of documents and testimony claimed to be privileged without conducting an evidentiary hearing.
• Fla. Dep't OF Agric. & Consumer Servs. & Bob Crawford v. City OF Pompano Beach
  792 So. 2d 539· Fla. 4th DCA· 2001-07-11 ·cited 37×
  The Florida Department of Agriculture appeals a circuit court injunction preventing destruction of healthy citrus trees within 1900 feet of infected trees under the state's citrus canker eradication program. The appellate court reverses, holding that property owners must exhaust
• Loudermilk v. Loudermilk
  693 So. 2d 666· Fla. 2d DCA· 1997-05-07 ·cited 37×
  The court held that an ex parte order granting temporary custody without notice to the other parent is improper unless a true emergency exists, such as a threat of harm to the child.
• Ipcia M. Kercado-Melendez v. Awilda Aponte-Roque
  829 F.2d 255· 1st Cir.· 1987-09-22 ·cited 37×
  The court held that the plaintiff was in the midst of administrative proceedings when she filed her federal suit, and thus should have exhausted state remedies before proceeding in federal court.
• Ill. Psychological Ass'n v. Falk
  818 F.2d 1337· 7th Cir.· 1987-05-12 ·cited 37×
  The court held that the plaintiffs failed to demonstrate a sufficient likelihood of success on the merits to warrant a preliminary injunction against state regulation, and thus the denial of the injunction was proper.
• Metro. Dade Cnty. v. Sokolowski
  439 So. 2d 932· Fla. 3d DCA· 1983-10-11 ·cited 37×
  Police officers challenged disciplinary suspensions imposed without timely appeal hearings as required by county code. The court held that officers had a protected property interest in continued employment and were denied procedural due process through hearing delays exceeding 12
• Daniels v. Williams
  720 F.2d 792· 4th Cir.· 1983-08-24 ·cited 37×
  The Parratt analysis applies to negligent deprivations of nonproperty interests, and Virginia's common law negligence action provides a meaningful postdeprivation remedy, thus no procedural due process violation occurred.
• Polos v. The United States
  621 F.2d 385· Ct. Cl.· 1980-04-30 ·cited 37×
  A civil service annuity is only available if the plaintiff meets civil service disability standards, determined by the successor to the Civil Service Commission.
• Kaprelian v. Tex. Woman's Univ.
  509 F.2d 133· 5th Cir.· 1975-03-05 ·cited 37×
  The court held that the lower court erred in substituting its own hearing panel and in finding a liberty interest based solely on allegations in a complaint. The case is remanded for factual findings on whether the plaintiff was discharged for exercising First Amendment rights or
• Hoitt v. Vitek
  497 F.2d 598· 1st Cir.· 1974-05-16 ·cited 37×
  The court held that while indefinite lockups may violate constitutional rights, the warden's good-faith belief in an emergency, coupled with a lack of clear legal standards for such situations, justified dismissal of the prisoners' damage claims.
• McDOWELL v. The State OF Tex.
  465 F.2d 1342· 5th Cir.· 1971-05-06 ·cited 37×
  A state employee's discharge for violating state law, without more, does not present a federal question cognizable under 42 U.S.C.A. § 1983, and a claim of slander per se is defeated by qualified privilege absent malice.
• Zelman v. Zelman
  175 So. 3d 871· Fla. 4th DCA· 2015-09-02 ·cited 36×
  In a guardianship proceeding for an 85-year-old man, the trial court denied his wife Lois meaningful participation by refusing to allow her to call witnesses or present evidence, treating her as merely an "interested person" without full party rights. The appellate court reversed
• Massey v. Charlotte Cnty.
  842 So. 2d 142· Fla. 2d DCA· 2003-02-07 ·cited 36×
  The Florida District Court of Appeal granted a petition for writ of certiorari to quash a circuit court order that had affirmed a code enforcement board's imposition of a lien on the Masseys' property for building code violations. The court held that the board violated procedural
• Lawton v. State
  731 So. 2d 60· Fla. 2d DCA· 1999-03-31 ·cited 36×
  William Lawton appeals the trial court's second denial of his motion to correct an illegal sentence. The court reverses and remands for resentencing because Lawton's twelve-year sentence imposed upon probation revocation exceeded the five-year suspended sentence limitation, const
• Ilkanic v. City OF Fort Lauderdale
  705 So. 2d 1371· Fla.· 1998-01-15 ·cited 36×
  The Florida Supreme Court upheld the constitutionality of a statute imposing a $50 per diem charge on convicted offenders to reimburse the state and local subdivisions for incarceration costs, rejecting arguments that the law violates due process, equal protection, and homestead
• Michenfelder v. Sumner
  860 F.2d 328· 9th Cir.· 1988-10-26 ·cited 36×
  The court held that the prison's strip search policy and taser use policy were reasonably related to legitimate penological interests and did not violate the Fourth or Eighth Amendments. Procedural claims were also found meritless.
• Battaglia Fruit Co. v. The City OF Maitland
  530 So. 2d 940· Fla. 5th DCA· 1988-07-21 ·cited 36×
  Battaglia Fruit Company appealed a circuit court decision that quashed the Orange County Board of County Commissioners' approval of its rezoning application. The appellate court reversed, holding that the circuit court lacked authority to grant certiorari relief to parties who fa
• Loudermill v. Cleveland Bd. OF Educ.
  844 F.2d 304· 6th Cir.· 1988-04-06 ·cited 36×
  The court held that the Board of Education could assert its pretermination defense for the first time on remand, and that the pretermination procedures provided to Loudermill satisfied due process requirements. The court also affirmed the award of attorneys' fees to Loudermill as
• Unity Ventures v. Cnty. OF Lake
  841 F.2d 770· 7th Cir.· 1988-03-09 ·cited 36×
  The court held that the plaintiffs' constitutional and antitrust claims were not ripe for adjudication because they had not obtained a final decision from the governmental entities regarding their application for a sewer connection.
• United States v. Monsanto
  836 F.2d 74· 2d Cir.· 1987-12-21 ·cited 36×
  The dissenting judge believes the forfeiture statute is unconstitutional as applied to attorneys' fees, infringing on Sixth Amendment rights and the integrity of the adversarial system.
• Rosado v. Zayas
  813 F.2d 1263· 1st Cir.· 1987-03-10 ·cited 36×
  The court held that it was not clearly established that the plaintiffs' positions were protected from politically motivated demotion, thus entitling defendants to qualified immunity on damage claims.
• Garlin M. Bailey v. Inez Kirk
  777 F.2d 567· 10th Cir.· 1985-11-14 ·cited 36×
  The court held that the plaintiff's suspensions implicated a property interest protected by due process, and that the demotion hearing did not provide a meaningful opportunity to respond to charges. The court affirmed the dismissal of the liberty interest claim regarding suspensi
• Hameetman v. The City OF Chicago
  776 F.2d 636· 7th Cir.· 1985-09-30 ·cited 36×
• Songer v. Louie L. Wainwright
  769 F.2d 1488· 11th Cir.· 1985-08-16 ·cited 36×
  The court held that the district court erred in denying habeas relief because the state trial judge misapplied Florida Statute § 921.141(6) by limiting consideration of mitigating evidence, violating established Supreme Court precedent.
• Bigby v. City OF Chicago & Chicago Police Dep't
  766 F.2d 1053· 7th Cir.· 1985-07-01 ·cited 36×
  The intervenors' claim that the promotion examination violated their due process rights by not being job-related fails because they had no property interest in the promotion and were not deprived of liberty of occupation.
• The Wash. Star Co. v. Int'l Typographical Union Negotiated Pension Plan
  729 F.2d 1502· D.C. Cir.· 1984-03-27 ·cited 36×
  The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions do not violate substantive or procedural due process or the right to a jury trial.
• United States v. Schell
  692 F.2d 672· 10th Cir.· 1982-10-13 ·cited 36×
  The court held that the trial court's findings and sentencing under the dangerous special offender statute did not violate the defendant's constitutional rights, including due process and the Eighth Amendment.
• Ciechon v. The City OF Chicago
  686 F.2d 511· 7th Cir.· 1982-08-10 ·cited 36×
  The court held that the City of Chicago violated Eva Ciechon's due process and equal protection rights by misusing its disciplinary procedures and arbitrarily singling her out for discharge.
• Paine v. Lucas
  411 So. 2d 1369· Fla. 5th DCA· 1982-04-07 ·cited 36×
  Paine, Webber sought a writ of certiorari to compel arbitration of a dispute arising from a Cash Fund Account, relying on an arbitration clause in a separate Client Commodity Account agreement. The Florida appellate court denied the writ, holding that the arbitration clause appli
• Couf v. Karleen DeBLAKER
  652 F.2d 585· 5th Cir.· 1981-08-07 ·cited 36×
  The court held that the plaintiffs failed to establish a federal cause of action based on the city's zoning decisions, as the state court's finding of procedural error did not equate to a finding of arbitrary or irrational zoning under federal law, and there was insufficient evid
• Warren v. United States Parole Comm'n
  659 F.2d 183· D.C. Cir.· 1981-07-01 ·cited 36×
  The district court improperly dismissed the pro se complaint under 28 U.S.C. § 1915(d) without allowing the prisoner an opportunity to develop a record.
• City OF Deerfield Beach v. Vaillant
  399 So. 2d 1045· Fla. 4th DCA· 1981-06-10 ·cited 36×
  The court held that review of a circuit court's decision, which itself reviewed an administrative action, is by writ of certiorari, not by appeal as a matter of right.
• Kendall v. The Bd. OF Educ. OF the Memphis City Schs.
  627 F.2d 1· 6th Cir.· 1980-07-14 ·cited 36×
  The court held that the Board violated the teacher's procedural due process rights by terminating her contract without a fair hearing, but that she was not entitled to reinstatement or back pay. Damages for the due process violation require further factfinding.
• Lynell Franklin v. Pleasant C. Shields
  569 F.2d 784· 4th Cir.· 1977-09-19 ·cited 36×
• Vargas v. Trainor
  508 F.2d 485· 7th Cir.· 1974-12-27 ·cited 36×
  The court held that the state's procedure for reducing public assistance benefits without providing adequate notice of the reasons for the reduction violated the Due Process Clause of the Fourteenth Amendment. It also held that the state waived its Eleventh Amendment immunity by
• Whitfield v. Ill. Bd. OF LAW Exam'rs
  504 F.2d 474· 7th Cir.· 1974-10-18 ·cited 36×
  The court held that the plaintiff's allegations were insufficient to state a claim for relief regarding the constitutionality of the bar examination or the grading procedures, and that the requested procedural due process rights were not constitutionally required in this context.
• Duffield v. Charleston Area Med. Ctr., Inc.
  503 F.2d 512· 4th Cir.· 1974-09-26 ·cited 36×
  A claim of disqualification of administrative tribunal members must be asserted promptly after discovery of the alleged bias, and prior participation in the case or familiarity with its facts does not automatically constitute disqualifying bias if it stems from participation in t
• Meyers v. Alldredge
  492 F.2d 296· 3d Cir.· 1974-02-14 ·cited 36×
  The court held that while due process applies to prison disciplinary hearings involving good time forfeiture, the presence of an official with substantial personal involvement in the underlying events on the disciplinary committee violates the right to an impartial tribunal. Howe
• Montgomery Ward & Co. v. Nat'l Labor Relations Bd.
  385 F.2d 760· 8th Cir.· 1967-11-30 ·cited 36×
  The court held that the Board erred in finding violations of § 8(a)(1) based on uncharged conduct and that the evidence did not support a § 8(a)(5) violation due to a lack of adequate demand and a good faith doubt of majority status. Enforcement of the § 8(a)(3) violation regardi
• Brown v. Hon. Robert S. McNAMARA
  387 F.2d 150· 3d Cir.· 1967-11-24 ·cited 36×