Sandsbury Lee v. Richard L. Dugger

TJOFLAT, Chief Judge,

specially concurring:

I concur in the judgment of the court affirming the district court’s grant of summary judgment to appellee Dugger, Secretary of the Department of Corrections (Department), on the ground of qualified immunity. I do so because I cannot identify any constitutional violation on which appellant Lee’s section 1983 claim for damages could be based. Therefore, I do not see how Dugger could have been on notice that his conduct violated Lee’s constitutional rights.

Dugger concedes on appeal that the Department kept Lee in confinement past the date on which he…