King v. Schafer

BEAM, Circuit Judge,

concurring and dissenting.

In my view, Bennett v. Arkansas, 485 U.S. 895, 108 S.Ct. 1204, 99 L.Ed.2d 455 (1988) (per curiam) controls the outcome of this case. I would, accordingly, reverse the judgment of the district court as to all plaintiffs and remand for further proceedings.