# Stanley Sylvester Harris v. Richard Young, Terrell Don Hutto

> Court of Appeals for the Fourth Circuit · August 16, 1983 · 718 F.2d 620

URL: https://www.frixlaw.com/law-library/cases/9471256

## Case

- **Full name:** Stanley Sylvester HARRIS, Appellant, v. Richard YOUNG, Terrell Don Hutto, Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 16, 1983
- **Citations:** 718 F.2d 620; 1983 U.S. App. LEXIS 24817
- **Precedential status:** Published
- **Opinion:** Concurrence by Widener
- **Judges:** Widener, Murnaghan, Gordon
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9471256

## Opinion text

WIDENER, Circuit Judge,
concurring:
While it is true that Hutto may be a proper party, the mere existence of a supervisory statutory duty is not enough to fix his liability for damages as we have specifically held in Vinnedge v. Gibbs, 550 F.2d 926 (4th Cir.1977). In Vinnedge we held that Gibbs, an underling of the Director of the Department of Corrections, was not liable because he had not been personally involved. It necessarily follows that the Director of Corrections, the superior, also may not be made liable by the mere existence of a supervisory statutory duty absent personal involvement.
I concur in that part of the opinion holding that Young is not a proper party.
I also concur in that part of the opinion holding Hutto to be immune from liability except that I believe the expression of possible liability expressed on a hypothetical fact situation in note 3 is unnecessary to our decision, and accordingly I do not concur in that expression.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9471256. Public record. Not legal advice.