Legal Opinion · Concurring in part, dissenting in part
Crain v. Board of Police Commissioners of the Metropolitan Police Department of St. Louis
Court of Appeals for the Eighth Circuit
Decided December 12, 1990No. 89-2101Published
1Concurring in part, dissenting in partJohn R. Gibson, Circuit Judge
I concur in most of the court’s opinion, but dissent from part IV of the opinion, holding that Crain’s due process rights under the fourteenth amendment were not violated by failure to provide a hearing on the extent of discipline. I have no quarrel with the propriety of the board’s determination that Crain violated the rules and should be disciplined. My concern is with whether the procedure for setting his punishment was constitutionally adequate. Crain was allowed no participation in the proceedings to determine his punishment, and on this issue Crain was faced with a stacked deck.
The…
2Cases cited4 opinions
- Frank I. Detweiler v. Commonwealth of Virginia Department of Rehabilitative Services Altamont Dickerson, Jr., and Alice B. BarkerCourt of Appeals for the Fourth Circuit · 1983
- George Kelly, Cross-Appellee v. Jim Smith, Etc., Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1985
- Jarrett v. HillMissouri Court of Appeals · 1983
- Curry v. St. Louis CountyMissouri Court of Appeals · 1989