Concurring in the Judgment:
I concur in the judgment because I believe this case is controlled by Hanrahan v. Hampton, 446 U.S. 754, 100 S.Ct. 1987, 64 L.Ed.2d 670 (1980) (per curiam).
I also wish to express my agreement with the sentiments expressed by Judge Ferguson in the last paragraph of his dissenting opinion concerning the remarks of the district judge.