Sparkman v. McFarlin

SWYGERT, Circuit Judge, with whom CUMMINGS and HARLINGTON WOOD, Jr., Circuit Judges,

join, dissenting.

The district court’s judgment dismissing plaintiffs’ complaint should be reversed. The majority of the en banc panel has joined in a per curiam opinion which simply affirms the district court’s dismissal of plaintiffs’ complaint. The reasoning supporting this result is supplied by the concurring opinions written by the judges in the majority. These concurring opinions are in agreement that plaintiffs failed to allege sufficient facts to support their conspiracy claims under 42 U.S.C. § 1983,…