Larry Junior Ward v. Gene M. Johnson, Warden, Sgt. Gardner, Chairman of Adjustment Committee ( 1982 )

K. K. HALL, Circuit Judge,

concurring:

As I read the majority opinion, the law of this case is that under the facts presented, the defendant, Gardner, enjoys absolute immunity since he conducted a formal hearing in accordance with the guidelines of Butz v. Economou. I concur wholeheartedly in that determination. However, the opinion speculates that “Perhaps this case would be different if the plaintiff had been denied absolutely any ‘adversary’ hearing or if he had been denied any notice of the charge against him, or if he had been denied the right to confront and cross-examine his accusers at the disciplinary hearing....” This is pure dicta, which adds nothing to the case and seems to be sugar coating for a rule of law that I find is not bitter and needs no sweetening.

I concur, seeking refuge in the hope that the dicta in this case will be recognized as such and treated as unworthy of future consideration.