Walter Gordon v. William D. Leeke, Commissioner Joe Martin, Warden, Wayne Stephen Young v. George H. Collins, Warden

I

THE DISMISSALS

In the South Carolina case, while I believe that the district judge might better have advised Gordon to join Riley as a defendant and have given him leave to do so, I would nevertheless affirm the dismissals in each case because I believe on the record presented to it each district court properly held that the respective plaintiffs had failed to properly state any cause of action under respondeat superior against the named parties defendant. To me, Owens v. Oakes, 568 F.2d 355 (4 Cir. 1978) is controlling in both cases and should be followed. The suit against Superintendent…