Hilary Davis, Individually and on Behalf of All Others Similarly Situated v. William J. Page, Jr., Etc., Circuit Judges Dixie Herlong Chastain, Etc.

VANCE, Circuit Judge, with

whom GOD-BOLD, Chief Judge, TUTTLE, RUBIN, KRAVITCH, FRANK M. JOHNSON, JR., POLITZ, TATE, THOMAS A. CLARK and WILLIAMS, Circuit Judges, join, dissenting:

I respectfully dissent from the majority’s reversal of the district court’s judgment and remand for entry of judgment for defendants.1

*525In our previous en banc opinion in this case, Davis v. Page, 640 F.2d 599, 601, 602 (5th Cir.1981) (en banc) we held that jurisdiction as to Davis’ claim against the judges of the Florida state courts was properly founded on both federal habeas corpus, 28 U.S.C. § 2254, and 42 U.S.C. §…