Opinion

James Brown v. Edward Griesenauer, Jerry Davis, David London, Kenneth Molloy, Karl Duncan, Theodore Boller, Marvin Coval

  • 970 F.2d 431
  • 1992 U.S. App. LEXIS 15939
  • 1992 WL 158559
Court
Court of Appeals for the Eighth Circuit
Filed
Jul 13, 1992
Status
Published
Author
Beam
On the bench
McMillian, Beam, Rosenbaum
Cited by
61 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.