Jones v. Preuit & Mauldin

TJOFLAT, Circuit Judge,

specially concurring:

I

I concur in the result reached by the majority, but I would reach that result by way of a different route. The majority holds that the defendants in this case are immune from damages, and therefore does not reach the merits of the plaintiff’s claim. I would find it unnecessary even to reach the immunity question. In my opinion, the defendants cannot be deemed, under the undisputed facts of this case, to have caused the injury alleged by the plaintiff. Because the crucial element of causation is absent, no liability under 42 U.S.C. § 1983 (1982) can…