Daniels v. Gilbreath

BREITENSTEIN, Circuit Judge,

concurring in the result.

I concur in the result. The proof does not establish that the defendants-appellants, or any of them, deprived either the decedent or the plaintiffs-appellees of any rights, privileges, or immunities secured by the Constitution of the United States. Accordingly, no claim may be asserted under 42 U.S.C. § 1983. In each case the judgment should be reversed and the case should be remanded with directions to dismiss.