DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
141127P.pdf 04/06/2015 Terry Draper v. City of Festus, Missouri
U.S. Court of Appeals Case No: 14-1127
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Wollman, Author, with Smith and Shepherd, Circuit Judges]
Civil case - Employment. City's denial of plaintiff's attorney's request
to postpone a post-termination hearing did not deprive plaintiff of his
Fourteenth Amendment right to procedural due process in the circumstances
of the case; nor did it deprive him of his right to substantive due
process; no error in granting defendants' motion for summary judgment on
plaintiff's conspiracy claim; the undisputed facts establish that
plaintiff's actions as City Administrator were, at least, misfeasance, and
the City did not breach his contract by terminating him for the acts;
decision to terminate plaintiff was not arbitrary, capricious or
unreasonable and no violation of the Missouri Administrative Procedure Act
occurred.