finding that “[although state law entrusts the board of aldermen with the authority to impeach the mayor, we do not think that impeachment is a truly legislative act; it is instead an act that happens to have been done by legislators”
How later courts described this case
- finding that “[although state law entrusts the board of aldermen with the authority to impeach the mayor, we do not think that impeachment is a truly legislative act; it is instead an act that happens to have been done by legislators”
- holding that impeachment proceedings are essentially judicial or adjudi catory in nature despite legislative decision-making body and form of proceedings
- finding alderman absolutely immune from civil liability for having impeached a mayor for misconduct
- "Unfortunately, the various activities of most government officials cannot be easily or definitively characterized as only administrative, legislative, or judicial."
Written by the judges who cited it.
The opinion
BEAM, Circuit Judge,
concurring and concurring specially.
I agree with Judge McMillian’s thorough and scholarly analysis of absolute immunity and concur in his opinion. I think, additionally, that Brown’s complaint suffers from a more fundamental defect. He simply does not state a claim for relief that can be granted under 42 U.S.C. § 1983 . I recognize that it is frequently more expeditious to reach the question of immunity than to analyze the quality of the claim asserted. Perhaps this is such a case. Here, however, the path followed clearly demonstrates that more due process was given Brown under Missouri law than was required by the Constitution.