Dykes v. Hosemann

TJOFLAT, Circuit Judge,

concurring in part and dissenting in part in which FAY and ANDERSON, Circuit Judges, join:

I join in the majority’s affirmance of the district judge’s dismissal of Judge Hosemann from this case because I find that, in addition to being immune from a section 1983 suit, Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), mandates that the suit against him be dismissed. I dissent, however, from the majority’s remand of the ease as to the other appellees because I also read Parratt as requiring that the claims against the remaining appellees be dismissed,…