Court of Appeals for the Fifth Circuit September 5, 2002, 00-60256 (Peter Clayton McClendon v. City of Columbia, City of Columbia James R. Carney)

EMILIO M. GARZA, Circuit Judge,

concurring in the judgment only.

See Walton v. Alexander, 44 F.3d 1297, 1306 (5th Cir.1995)(en banc)(“In sum, we hold that a ‘special relationship’ arises between a person and the state only when this person is involuntarily confined against his will through the affirmative exercise of state power.