Barnett v. Caldwell

Although I concur with the analysis in the body of the majority opinion, I must write separately because I believe that dicta in footnote 2 sets forth an overly broad rule that is not applicable to the facts of this case. The majority suggests: “A duty is either discretionary or not, and an official cannot alter that fact by performing it well, poorly, or not at all.” Maj. op., p. 851.1 disagree with this statement, and, more fundamentally, I disagree with the majority’s decision to expound upon the issue at all. The judicial process is served neither by inserting unnecessary and complicated…