42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
201,328 citing cases reviewed of 283,166 in the citation index: 89,157 interpreted the section (annotated below), 112,171 cited it only in passing. Cases filed after 2022-11-02 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Supervisory and personal liability
Section 1983 requires a defendant’s personal responsibility for a constitutional deprivation; supervisory liability does not apply.
Richmond v. Brookhart · filed 2019-09-20
If he wishes to pursue his claims, Plaintiff must file an amended complaint describing how defendants, named as a party in the case caption, violated his rights, keeping in mind that in Section 1983 actions, there is no supervisory liability. To be held individually liable a defendant must be “‘personally responsible for the deprivation of a constitutional right.’”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; employers and supervisors are not liable merely for others’ misconduct.
Williams v. Adams · filed 2019-09-24
Accordingly, Plaintiff should name only those individuals who were personally involved in or responsible for the alleged constitutional violation. Employers are not liable for the misconduct of their employees, supervisors are not liable for the misconduct of their subordinates, and employees are not liable for the misconduct of their co-workers.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a supervisory position alone is insufficient.
Ashby v. Semple · filed 2019-09-26
The fact that these Defendants occupy supervisory positions is, standing alone, insufficient to establish their personal involvement in the constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation; a supervisor’s position alone does not create liability.
(PC) Lamon v. Allison · filed 2019-09-30
Liability in a 42 U.S.C. §1983 case “arises only ... upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). “There is no respondeat superior liability under section 1983.” Id. ... Yet, in his amended complaint, plaintiff still makes allegations against several higher ranking CDCR officials without pointing to any facts suggesting they personally participated in anything alleged by plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional deprivation; it does not impose supervisory or vicarious liability.
Brown v. Doe · filed 2019-10-10
There is no supervisory liability, collective liability or vicarious liability under 42 U.S.C. § 1983. ... We agree with this assessment of Brown’s case.Read the full opinion on CourtListener →
Section 1983 requires an official’s meaningful participation in another officer’s use of excessive force, or a basis for supervisory liability, before the official can be held liable.
Walters v. County of Contra Costa · filed 2019-10-15
Therefore, no facts suggest that Tornabene directed or encouraged Cain’s use of force in that situation or otherwise meaningfully participated in his use of force. ... Based on the foregoing, the court concludes that the FAC fails to state a claim for excessive force against Tornabene and Prasad.Read the full opinion on CourtListener →
Section 1983 requires personal involvement to recover damages from a defendant in an individual capacity; supervisory status alone is insufficient.
Bohn v. Cook · filed 2019-10-18
A plaintiff seeking to recover money damages under section 1983 from a defendant in his or her individual capacity must “show, inter alia, the defendant’s personal involvement in the alleged constitutional deprivation.” ... The plaintiff has failed to allege sufficient facts to show that Chairperson Giles was personally involved in any violation of his constitutionally or federally protected rights.Read the full opinion on CourtListener →
A grievance officer is not personally liable under § 1983 for failing to investigate an inmate’s medical complaints when she investigates them and reasonably relies on information from medical staff.
ESPARZA v. SMITH · filed 2019-11-04
In this case, there is no dispute that Smith properly investigated Esparza’s grievances. ... As a non-medical professional, Smith did not err in relying on the medical information she received from the Health Service Administrator or other health professional.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights; general supervisory responsibility is insufficient.
Oliver v. Greenwell · filed 2019-11-04
In the instant action, plaintiff has not set forth any facts indicating that Tommy Greenwell was personally responsible for denying medical care to Michael Benford, and general responsibility for supervising operations of the Jail is insufficient to establish personal involvement required to support liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not create liability.
Tait v. New Castle County Police Department · filed 2019-11-05
To the extent Plaintiff has named the foregoing Defendants based upon their supervisory positions, there is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged violation; supervisory status alone does not create liability.
Standifer v. Sevier · filed 2019-11-05
The doctrine of respondeat superior, which allows an employer to be held liable for subordinates’ actions in some types of cases, has no application to § 1983 actions.Read the full opinion on CourtListener →
Section 1983 limits public employees’ liability to their own misconduct; prison administrators are not vicariously liable for their subordinates’ actions.
Oatis v. Wexford Health Sources, Inc. · filed 2019-11-12
Section 1983 limits liability to public employees “for their own misdeeds, and not for anyone else's.” Burks v. Raemisch, 555 F.3d 592, 595–96 (7th Cir.2009). Prison administrators are entitled to relegate to others the primary responsibility for specific prison functions without becoming vicariously liable for the failings of their subordinates. Id.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in a constitutional deprivation; employment or supervision alone does not establish liability.
Starkes v. Annucci · filed 2019-11-13
A defendant may not be held liable under § 1983 solely because that defendant employs or supervises a person who violated the plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.
Bonham v. Boberesky · filed 2019-11-13
Individual liability can be imposed under § 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal participation or a basis for supervisory liability; conclusory allegations of notice and authority are insufficient.
Parker v. Allbaugh · filed 2019-11-14
The Court finds these conclusory allegations are insufficient to state a § 1983 claim against Defendant Allbaugh and to overcome his qualified immunity defense.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a violation of a federal right and each defendant’s personal involvement or grounds for supervisory liability.
Fisher v. Hogan · filed 2019-12-18
Mr. Fisher does not claim that Defendants deprived of him a right secured by the Constitution and laws of the United States, nor does he allege that any Defendant was personally involved in violating his civil rights or that they tacitly approved such actions so as to suggest grounds for supervisory liability.Read the full opinion on CourtListener →
Section 1983 does not impose liability based solely on a defendant’s supervisory position; the defendant must be personally involved in the alleged violation.
Melendez v. Mills · filed 2019-12-19
The allegations seem to be directed against Mills based upon her position as a medical administrator. It is well established that there is no respondeat superior liability under § 1983. See Parkell v. Danberg, 833 F.3d 313, 330 (3d Cir. 2016). In addition, there are no allegations of interactions between Plaintiff and Mills, and hence, the Second Amended Complaint fails to adequately allege her personal involvement.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for a constitutional deprivation; supervisory status or grievance review alone does not create liability.
Boyd v. Sheffler · filed 2019-12-20
Section 1983 liability, however, requires personal responsibility for the deprivation of a constitutional right. A defendant cannot be liable solely because he has a supervisory role or because he processed or reviewed a grievance.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in a rights violation; hiring the staff who allegedly violated a plaintiff’s rights does not, by itself, make a supervisor liable.
Weaver v. Boyles · filed 2020-01-09
To state a claim under § 1983, plaintiff must plead that each defendant “personally violated plaintiff’s constitutional rights.” ... Because Boyles cannot be held liable to plaintiff merely because she hired the medical personnel that treated plaintiff, plaintiff’s claims against defendant Boyles will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; a supervisor is not liable merely for an employee’s conduct or a failure to supervise.
McGlothan v. Drefke · filed 2020-01-10
Any assertion that Warden Campbell failed to supervise an employee, should be vicariously liable for an employee’s conduct, and/or did not properly respond to the situation is insufficient to state a claim under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; supervisory status alone does not establish liability.
Williams v. Kauffman · filed 2020-01-10
Here, the Court must dismiss Defendant Wetzel because the complaint is devoid of any allegation as to his personal involvement regarding second-hand smoke at SCI Huntingdon.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an official personally liable to allege that the official personally participated in the deprivation of rights.
Franks v. Coleman · filed 2020-01-27
“To establish personal liability under § 1983, however, the plaintiff must ‘affirmatively show that the official charged acted personally in the deprivation of the plaintiffs rights.’”Read the full opinion on CourtListener →
Section 1983 requires facts connecting each defendant to the alleged violation; supervisory status alone does not establish liability.
Hoskins v. Sheriff Nelison · filed 2020-01-28
Finally, the Complaint does not assert any specific allegations against Defendants Nelison, Thurgood, Bybee, Dally or any Doe Defendant—only against Defendant Shelton. Nor does the Complaint permit a plausible inference that any Defendant is liable as a supervisor.Read the full opinion on CourtListener →
Section 1983 generally requires a defendant’s personal participation in a constitutional violation or facts supporting supervisory liability.
Giles v. Correct Care Solutions · filed 2020-01-29
As noted, liability under § 1983 generally attaches only upon personal participation by a defendant in the constitutional violation. Trulock v. Freeh, 275 F.3d 391, 402 (4th Cir. 2001). Giles has provided no specific allegations against Doctor Bruce in the Complaint, despite multiple supplements and amendments to his suit. Giles likewise has failed to allege facts to support a claim of supervisory liability under the relevant standard. Because Giles has failed to state a plausible claim for relief against Doctor Bruce, the Court will dismiss the claims against him, without prejudice.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of rights; a supervisor is not liable solely for an employee’s conduct.
Miller v. Helder · filed 2020-02-04
Individual liability under § 1983 must be based on personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged rights violation; supervisory status alone does not establish liability.
Strawn v. Lebanon County Correctional Facility · filed 2020-02-04
Plaintiff only identifies Dr. Powers as the supervisor of psychology, but liability under § 1983 cannot be predicated on a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in or responsibility for a constitutional deprivation; supervisory status alone is insufficient.
Randle v. Butler · filed 2020-02-07
Section 1983 lability requires personal involvement in or responsibility for a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation in a constitutional deprivation and does not impose liability based solely on supervisory status.
Williams v. Navarro · filed 2020-02-10
In order to state a claim for relief under 42 U.S.C. § 1983, Plaintiff must allege each defendant personally participated in the deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged wrong; supervisory status alone does not establish liability.
REYES v. GILMORE · filed 2020-02-13
Superintendent Gilmore’s role as superintendent of SCI Greene does not, in and of itself, establish any personal involvement with the matters at issue.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability; a defendant must personally cause or participate in the violation.
Ruby v. Holcomb · filed 2020-02-18
There is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged rights violation; supervisory status alone does not establish liability.
Woods v. Crow · filed 2020-02-21
“Personal participation is an essential allegation in a § 1983 claim.” ... Supervisory status is not sufficient to support liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged rights violation; supervisory status alone does not establish liability.
Folsom v. Sharp · filed 2020-02-26
Supervisory status is not sufficient to support liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal participation in a violation or a basis for supervisory liability.
Helburn v. Ramirez · filed 2020-03-02
The Complaint does not plausibly allege that Ramirez personally participated in the excessive force or that he is liable as a supervisor.Read the full opinion on CourtListener →
Section 1983 requires personal participation in a rights deprivation; supervisory liability requires personal involvement or a sufficient causal connection.
Davis v. Penzone · filed 2020-03-09
The district court properly dismissed Davis’s due process claim as to defendants other than Aguirre and Roberts because Davis failed to allege facts sufficient to show that these defendants were personally involved or causally connected to placing and leaving Davis in the cell. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (supervisory liability under 42 U.S.C. § 1983 requires a showing that supervisor was personally involved or there is a sufficient causal connection); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires showing of personal participation in the alleged rights deprivation).Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant’s own conduct to the alleged injury; supervisory status alone does not create liability.
Derello 37292 v. McAdorey · filed 2020-03-09
There is no respondeat superior liability under § 1983, and therefore, a defendant’s position as the supervisor of persons who allegedly violated Plaintiff’s constitutional rights does not impose liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation; supervisory status alone does not establish liability.
Johnson v. Williams · filed 2020-03-11
Accordingly, because liability under § 1983 arises only upon a showing of personal participation by a defendant, Defendants Skolnik, Dzuenda, and Laxalt are entitled to summary judgment as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not establish liability.
CHMIEL v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS · filed 2020-03-23
Under § 1983, a defendant must be shown to have had personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged deprivation; supervisory status alone does not establish liability.
Ali v. Commissioner Robert Coupe · filed 2019-12-17
The Third Circuit has reiterated that a § 1983 claim cannot be premised upon a theory of respondeat superior and, that in order to establish liability for deprivation of a constitutional right, a party must show personal involvement by each defendant.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in, or a causal connection to, the alleged constitutional deprivation; supervisory status alone is insufficient.
(PC) Cyprian v. Lozano · filed 2020-04-07
Lastly, plaintiff may not sue Warden Lozano on the theory that the he is liable for the unconstitutional conduct of Cross.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; supervisory status alone does not establish liability.
Thomas v. Smith · filed 2020-04-16
A civil rights plaintiff must allege the personal involvement of a defendant to state a claim under § 1983 and that liability cannot be based upon a theory of respondeat superior or vicarious liability.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the alleged deprivation; supervisory status alone does not create liability.
Laster v. Doe · filed 2020-04-21
In the Second Amended Complaint, Laster should describe how each defendant violated his rights, keeping in mind that in Section 1983 actions there is no supervisory liability.Read the full opinion on CourtListener →
Section 1983 permits a personal liability claim based on an officer’s own conduct; a supervisory liability claim requires responsibility for a policy that caused the constitutional harm.
Hershey v. Turner · filed 2020-04-21
The Plaintiff’s Count III sufficiently alleges a claim of personal liability as to Defendants Mynatt, Craig, and Robertson. As to supervisory liability, however, the Court finds that the Plaintiff has not alleged that any of these three Defendants were responsible for a policy that caused his alleged constitutional harm, and thus that it has not been raised by the Plaintiff as to these Defendants.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally responsible for a rights deprivation; supervisory liability alone is insufficient.
Roberson v. Lawrence · filed 2020-05-01
If he wishes to pursue his claims, Robinson must file an amended complaint describing how each defendant violated his rights, keeping in mind that in Section 1983 actions, there is no supervisory liability.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional violation and does not impose collective or vicarious liability.
Watkins v. Lueneburg · filed 2020-05-05
Section 1983 does not create collective or vicarious responsibility.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in a constitutional violation; it does not impose collective or vicarious liability.
Bradley v. Giebel · filed 2020-05-05
Section 1983 does not create collective or vicarious responsibility. Id. Thus, with respect to any claim or claims advanced in his amended complaint, Plaintiff must identify the individual defendants and specify the manner in which their actions, or failure to take action, violated his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation; supervisory status alone does not create liability.
Bradley v. Jensen · filed 2020-05-05
Moreover, the doctrine of respondeat superior (supervisory liability) does not apply to actions filed under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify a defendant’s own conduct that caused the alleged constitutional violation; a supervisor is not liable solely for a subordinate’s conduct.
Palladeno v. Mohr · filed 2020-05-06
A plaintiff bringing a § 1983 claim must identify a defendant’s specific actions or omissions which caused the alleged constitutional violation and may not rest solely on the allegation that a subordinate government official acted unconstitutionally.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a defendant personally caused the deprivation of a federal right or, for a supervisor, had a sufficient causal connection to it.
(PC) Apodaca v. Segriest · filed 2020-05-11
To state a claim under § 1983, a plaintiff must show that a defendant, acting under color of state law, caused an alleged deprivation of a right secured by federal law. ... The plaintiff can satisfy the causation requirement by showing either (1) the defendant’s “personal involvement” in the alleged deprivation, or (2) a “sufficient causal connection” between the defendant’s conduct as a supervisor and the alleged deprivation. ... Here, plaintiff’s complaint contains no specific allegations against any of the defendants except for Nancy Segriest.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in, or causal connection to, the alleged constitutional violation; participation in a prison grievance process alone is insufficient.
Jones v. Turner · filed 2020-05-15
A § 1983 plaintiff cannot proceed against a prison official based solely on the official’s participation in the prison grievance process.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for individual liability; a supervisor is not liable solely because he is in charge.
Williams v. Jaimet · filed 2020-05-20
There is also no evidence Baldwin was in any way involved in the refusal to allow Plaintiff to get the trimmer repaired. ... And Baldwin cannot be held liable solely because he was in charge. ... Consequently, there is no basis for holding Director Baldwin liable for deliberate indifference under § 1983, and he is entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement; a supervisory title alone does not establish liability.
John v. Comptroller Office of the State · filed 2020-05-21
Here, Plaintiff’s complaint fails to include allegations that might demonstrate any personal involvement by John Doe #4. Even if the Court were to infer that as a “captain,” John Doe #4 is a supervisor of John Does #1-#3, the allegations are insufficient to sustain a claim.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation; a supervisor is liable only if the supervisor participated in or directed the violation, or knew of it and failed to prevent it.
King v. Rangel · filed 2020-06-16
Liability under § 1983 arises upon a showing of personal participation by each defendant, and a supervisor is not liable for the constitutional violations of employees unless the supervisor “participated in or directed the violations, or knew of the violations and failed to act to prevent them.”Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement or a basis for supervisory liability.
Walker v. Correct Care Solution · filed 2020-07-06
Specifically, the Magistrate Judge determined that “the Amended Complaint does not indicate any personal involvement by the named Defendant and does not allege facts to meet the supervisory liability exception.” (ECF No. 32 at 9.) ... After a thorough review of the Report and the record in this case, the court finds the Report provides an accurate summary of the facts and law and does not contain clear error.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of a constitutional right; a supervisory position alone does not establish liability.
Brady v. Kocina · filed 2020-07-07
A defendant is liable under § 1983 only if he was personally responsible for the deprivation of a constitutional right, meaning that the deprivation occurred at the defendant’s behest or with his knowledge and consent.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory position alone does not establish liability for damages.
Kerr v. Hines · filed 2020-08-07
A plaintiff cannot sue a defendant for damages solely because of his supervisory position. See Johnson v. Glick, 481 F.2d 1028, 1034 (2d Cir. 1973) (doctrine of respondeat superior does not suffice for claim of monetary damages under § 1983).Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant was personally involved in the conduct underlying the claimed constitutional violation; supervisory status alone is insufficient.
Tye v. Budish · filed 2020-08-10
Accordingly, a plaintiff cannot establish the individual liability of a defendant for constitutional violations absent allegations showing that each defendant was personally involved in the conduct which forms the basis of his claims.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in a rights violation; supervisors are not liable solely because of their positions.
Cummings v. Diaz · filed 2020-08-13
There is no respondeat superior liability under 42 U.S.C. § 1983. ... Plaintiff’s Complaint does not contain sufficient factual allegations that Defendants personally and through their own actions violated Plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation or a basis for supervisory liability; a warden’s general oversight alone does not suffice.
Williams v. Bishop · filed 2020-08-13
The complaint alleges insufficient facts to show personal participation by Warden Bishop or to premise a supervisory liability claim.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a rights violation; a supervisor may be liable for participating in or directing the violation, or knowing of it and failing to prevent it.
Alvarez v. University of Oregon · filed 2020-08-25
There is no allegation that President Schill or Chief Carmichael were even on the scene, much less participated in the alleged rights violations or directed the UOPD officers to act. Plaintiff has not alleged sufficient facts to support a § 1983 claim against Chief Carmichael and President Schill, and these claims must be dismissed for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged violation; supervisory status alone does not create liability.
Saleem v. Doe · filed 2020-08-25
Saleem’s claims against Defendant Harry must be dismissed because the complaint is devoid of facts showing how she was personally involved in the strip search.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant’s act or omission to the alleged deprivation; supervisory status alone does not establish liability.
(PC) Ashby v. Bosenko · filed 2020-08-28
To state a claim for relief under § 1983, plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of plaintiff’s federal rights. ... The allegations in the complaint fail to show that defendants Bosenko, Kent, and Tanner were involved in the alleged rights deprivations. Additionally, they cannot be liable based solely on their supervisory positions. Therefore, plaintiff has failed to state a claim against these defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional deprivation; supervisory status alone does not support damages liability.
Carter v. Warden · filed 2020-08-28
However, Carter has not stated a plausible Fourteenth Amendment claim against Lieutenant Macdonald or Warden Hines because he has not alleged that either defendant had any involvement in the constitutional deprivation, a prerequisite to any claim. See Farrell v. Burke, 449 F.3d 470, 484 (2d Cir. 2006) (a defendant’s personal involvement in an alleged constitutional violation is a prerequisite to hold a defendant liable for an award of damages under § 1983).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisors are not vicariously liable for their subordinates.
MILLER v. BROWN · filed 2020-08-28
Thus, individual liability for damages under § 1983 "requires personal involvement in the alleged constitutional deprivation." ... No evidence supports an inference that any defendant was personally responsible for Mr. Miller receiving a dirty meal tray or knew he was receiving dirty trays but failed to respond reasonably.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation in a constitutional violation; supervisory position alone does not establish liability.
Porter v. Dzurenda · filed 2020-08-31
Furthermore, a defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). “Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). Thus, a person may not be held liable merely based on that person’s position within the NDOC.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability; a person must cause or participate in the alleged violation to be liable.
Winters v. Overholser · filed 2020-09-11
However, there is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose personal liability on an official based on mere knowledge of a rights deprivation.
DARDEN v. COOPER · filed 2020-09-14
Mere knowledge of such a deprivation will not suffice.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation; a medical director is not liable merely because of her supervisory position.
Garcia v. Andrade-Barraza · filed 2020-09-15
Plaintiff is reminded that Pierce is not liable simply by virtue of being the medical director. Where a prison supervisor is not personally involved in the wrongdoing, they can only be liable if they “promulgat[e] ... a policy that caused a deprivation of plaintiff’s rights.”Read the full opinion on CourtListener →
Section 1983 may impose personal liability on a prison administrator whose correspondence gives sufficient knowledge of a constitutional deprivation.
FOX v. WEST-DENNING · filed 2020-09-22
“An inmate’s correspondence to a prison administrator may…establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge of a constitutional deprivation.” Perez v. Fenoglio, 792 F.3d 768, 781-82 (7th Cir. 2015) (citing Vance v. Peters, 97 F.3d 987, 992–93 (7th Cir. 2015)). But there is no evidence that Robinson and Hobson were aware of a serious risk to Mr. Fox.Read the full opinion on CourtListener →
Section 1983 holds individual defendants liable for their own conduct, not for someone else’s misconduct.
Wilson v. Alles · filed 2020-09-24
Additionally, the John Doe defendants cannot, in their individual capacity, be held liable for these alleged customs because, under § 1983, defendants can be held liable only “for their own misdeeds but not for anyone else’s.”Read the full opinion on CourtListener →
Section 1983 requires each defendant’s own conduct to be connected to the alleged rights violation; supervisory status alone does not create liability.
Allen v. Booth · filed 2020-09-24
There is no respondeat superior liability under § 1983, and each defendant may only be held liable for misconduct directly attributed to him or her.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in a rights violation; supervisory status alone does not create liability.
(PC) Solorio v. Sullivan · filed 2020-09-25
There is no respondeat superior liability, and each defendant is only liable for his or her own misconduct.Read the full opinion on CourtListener →
Section 1983 does not impose personal liability merely because a defendant responded to a grievance or supervised others.
Graham v. Stallard · filed 2020-09-28
Other than the defendants who have been named as to the claims surviving summary judgment, none of the other defendants had personal involvement in the remaining claims, and, for the reasons set forth in defendants’ summary judgment briefing, they cannot be held personally liable either for responding to a grievance or on a theory of supervisory liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation; supervisory status alone does not establish liability.
Sayles v. State of Nevada · filed 2020-09-28
Liability under [§] 1983 arises only upon a showing of personal participation by the defendant. ... As such, the Complaint does not allege facts showing Defendants’ personal involvement in the alleged deprivation of Plaintiff’s equal protection rights.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on a state actor who personally participated in the alleged misconduct; supervisory status alone is insufficient.
Lough v. County of Columbia · filed 2020-09-28
Individual liability can be imposed under section 1983 only if the state actor played an “affirmative part’ in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional violation; knowing that inmate interviews were occurring does not establish knowledge that officers were using excessive force.
Alexander v. Racette · filed 2020-09-29
As there is no evidence from which a factfinder could conclude Racette had any information that unconstitutional acts—excessive force used against inmates during interrogations about the escape—were occurring, Plaintiff has failed to establish the personal involvement of Defendant Racette and his § 1983 claim against him fails as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires personal fault based on a defendant's own conduct and does not allow respondeat superior liability.
Thomas v. Thomas · filed 2020-10-07
Section 1983 also requires showing personal fault based upon a defendant's personal conduct. ... There is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 can hold a defendant liable when he knows about another’s misconduct and facilitates, approves, condones, or deliberately ignores it.
Schlemm v. Pizzala · filed 2020-10-19
The conduct he alleges that Pizzala and Donovan engaged in could fairly be considered adverse actions, and if the plaintiff is alleging that VanLanen authorized those adverse actions, a defendant can be held liable under §1983 if he “‘know[s] about the conduct and facilitate[s] it, approve[s] it, condone[s] it, or turn[s] a blind eye for fear of what [he] might see.’” Matthews v. City of E. St. Louis, 675 F.3d 703, 708 (7th Cir. 2012) (quoting Jones v. City of Chi., 856 F.2d 985, 992-93 (7th Cir.1988)).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation; a supervisor is not liable solely for employees’ actions.
Ellis v. Clark County Detention Center Medical · filed 2020-11-02
I also explained that, because “vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each government-official defendant, through the official’s own individual actions, violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; a supervisory position alone does not establish individual liability.
Conaway v. McAfee-Garner · filed 2020-11-03
To establish personal liability against a defendant in a § 1983 action, a defendant must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior. ... As pled, there are no allegations of Wofford’s personal involvement or allegations that suggest Wofford’s deliberate indifference.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation; supervisory status alone does not establish liability.
Davis v. Core Civic, Inc. · filed 2020-11-09
Supervisory status is not sufficient to support liability under § 1983. ... After careful review, the Court finds Plaintiff has failed to articulate any specific allegations of Defendant Allbaugh’s personal participation, and Plaintiff’s complaint falls far short of this standard with regard to his Eighth Amendment claims against Defendant Allbaugh.Read the full opinion on CourtListener →
Section 1983 requires allegations that a defendant personally caused or participated in the rights violation; supervisory status alone does not establish liability.
Carr v. Herrington · filed 2020-11-10
Further, a § 1983 suit cannot be based on vicarious liability alone; the complaint must allege the defendant’s own conduct violated the plaintiff’s civil rights.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged misconduct; a supervisory relationship alone does not establish liability.
Durden v. Sarah · filed 2020-11-10
A complaint must allege facts showing that each named defendant participated, condoned, encouraged, or knowingly acquiesced in misconduct to establish liability.Read the full opinion on CourtListener →
An official’s factfinding role in a prison disciplinary proceeding does not by itself establish personal liability under § 1983.
Steele v. Neff · filed 2020-11-10
Plaintiff now argues in his objections that Shehee does not apply to Lt. Byrd’s role as a factfinder in the RIB proceedings. However, the defendants in Shehee were acting as factfinders in the administrative grievance proceedings, yet the court held that they were not liable under §1983 for their role in these proceedings. This objection is not well taken.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from a defendant in an individual capacity to show that defendant’s personal involvement in the alleged constitutional deprivation.
Salaman v. Semple · filed 2020-11-16
A plaintiff seeking to recover money damages under section 1983 from a defendant in his or her individual capacity must demonstrate “the defendant’s personal involvement in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional violation; a defendant who approves and condones alleged excessive force may be liable.
Tallman v. Bartels-Rohrbeck · filed 2020-11-25
Moreover, the doctrine of respondeat superior (supervisory liability) does not apply to actions filed under § 1983. ... However, Defendants, by signing and approving the BMP that allowed for Plaintiff to be strapped down for days, may have liability for facilitating, approving, and condoning the alleged excess force.Read the full opinion on CourtListener →
Section 1983 does not make prison officials personally liable for waiting for the body authorized to decide an inmate’s accommodation request.
Sheppard v. Ludwig · filed 2020-12-02
Ludwig, Whitman, and Bartow cannot be liable simply because they did not immediately respond to Sheppard’s demands and instead waited, as policy required, for the special needs committee to consider his request.Read the full opinion on CourtListener →
Section 1983 permits damages claims against government officials in their personal capacity for acts performed under color of state law.
OCASIO v. EADY · filed 2020-12-03
Consequently, the Court concluded that “Aviles remains liable for these same claims in his personal capacity and thus his first argument results in a distinction without much of a difference.” The Court declines to disturb that conclusion.Read the full opinion on CourtListener →
Section 1983 requires personal participation by each defendant; a supervisor is liable for an employee’s constitutional violation only if the supervisor participated in or directed it, or knew of it and failed to prevent it.
Dansby v. Amsberry · filed 2020-12-14
Liability under § 1983 arises upon a showing of personal participation by each defendant, and a supervisor is not liable for the constitutional violations of employees unless the supervisor “participated in or directed the violations, or knew of the violations and failed to act to prevent them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Plaintiff alleges no personal participation by Supt. Amsberry to support § 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in or responsibility for a constitutional deprivation; a supervisory role alone is insufficient.
Rico v. Knauer · filed 2020-12-28
Section 1983 lability requires personal involvement in or responsibility for a constitutional deprivation; holding a supervisory role alone is not enough.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each defendant to the alleged violation; supervisory status alone does not establish liability.
Williams v. Koenig · filed 2021-01-15
Here, Plaintiff’s claims cannot proceed as pleaded because he has not directly linked all of the named CTF Defendants to his allegations. ... Further, some of the named CTF defendants are supervisory officials, against whom liability is alleged solely in their respondent superior capacity, which is improper.Read the full opinion on CourtListener →
Section 1983 requires a complaint to connect each defendant to the alleged constitutional violation; naming a defendant alone is insufficient.
Combs v. Watson · filed 2021-01-21
Merely naming a defendant in the case caption or the list of defendants is not enough to state a claim against the defendant. Section 1983 creates a cause of action based on personal liability and predicated upon fault.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in a constitutional violation; a supervisor is not liable solely because of a subordinate’s conduct.
Broadus v. Adventist Health Care Washington · filed 2021-01-25
Accordingly, to the extent Broadus brings constitutional challenges under § 1983, he must aver each defendant’s personal participation; respondeat superior liability is not available.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.
Livering v. Karnes · filed 2021-01-29
Individual liability can be imposed under section 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.” ... Accordingly, insofar as Livering’s claims against the defendants rely on a respondeat superior theory of liability, defendants are entitled to dismissal on this ground.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a supervisory title alone does not establish liability for damages.
Vendetti v. Zywiak · filed 2021-02-05
We further conclude that the court erred in denying defendants' motion for a directed verdict with respect to the cause of action pursuant to 42 USC § 1983 for retaliation predicated on violations of the First Amendment against the retaliation defendants. It is well established that "a defendant in a [section] 1983 action may not be held liable for damages for constitutional violations merely because he [or she] held a high position of authority" ( Black v Coughlin , 76 F3d 72, 74 [2d Cir 1996]). Rather, the "personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [section] 1983" ( Farrell v Burke , 449 F3d 470, 484 [2d Cir 2006] [internal quotation marks omitted]).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; a supervisory role alone does not establish liability.
Williams v. PA Department of Corrections · filed 2021-02-16
Williams has failed to establish that Defendant Biscoe was personally involved in the alleged violation of his constitutional rights. Accordingly, Defendant Biscoe is entitled to judgment in her favor to the extent that Williams’ claims against her rely on a respondeat superior theory of liability.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely for employees’ actions; individual liability requires personal involvement in the constitutional deprivation.
BENNETT v. TYLER · filed 2021-02-18
"The doctrine of respondeat superior is not applicable to § 1983 actions; to be held individually liable, a defendant must be personally responsible for the deprivation of a constitutional right."Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional deprivation; a supervisor is not liable solely because of a subordinate's conduct.
LAX v. COUCH · filed 2021-02-23
This is a classic assertion of respondeat superior theory, which is not applicable to Section 1983 claims.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged constitutional violation; supervisory status alone does not establish liability.
Hines v. Allbaugh · filed 2021-02-26
Supervisory status by itself is not sufficient to support liability under § 1983. ... After careful review, the Court concludes that Defendant Allbaugh’s motion to dismiss [Dkt. No. 72] should be GRANTED for Plaintiff’s failure to establish Allbaugh’s personal participation in the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged misconduct and does not permit liability based solely on respondeat superior.
Muhammad v. Martin · filed 2021-03-04
Individual liability can be imposed under 42 U.S.C. § 1983 only if the state actor played an “affirmative part” in the alleged misconduct and “cannot be predicated solely on the operation of respondeat superior.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; supervisory status alone does not establish liability.
Frazier v. Hyatte · filed 2021-03-22
But neither one can be held liable based solely on the actions of their subordinates.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation; a supervisor is liable only if the supervisor participated in or directed the violation, or knew of it and failed to prevent it.
Ellis v. Hammon · filed 2021-03-26
Liability under § 1983 arises upon a showing of personal participation by each defendant, and a supervisor is not liable for the constitutional violations of employees unless the supervisor “participated in or directed the ... violations, or knew of the violations and failed to act to prevent them.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation; supervisory status alone does not establish liability.
Jamee Deirdre Hundley (AKA James Derrick Hundley) v. Aranas · filed 2021-03-29
Furthermore, a defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).Read the full opinion on CourtListener →
Section 1983 does not impose collective or vicarious liability; each defendant must be personally responsible for a constitutional violation.
Shaw v. Chapman · filed 2021-03-30
Section 1983 does not create collective or vicarious responsibility.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in wrongful conduct for liability.
West v. Emig · filed 2021-03-31
Liability in a 42 U.S.C. § 1983 action is personal in nature, and to be liable, a defendant must have been personally involved in the wrongful conduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; employing or supervising the person who violated the plaintiff’s rights is insufficient.
Avent v. Keybank · filed 2021-04-01
A defendant may not be held liable under § 1983 solely because that defendant employs or supervises a person who violated the plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation or direct responsibility for a constitutional deprivation; supervisory status alone does not establish liability.
Jacob, Christopher v. Suliene · filed 2021-04-12
As a general matter, Anderson cannot be held liable for the actions of other HSU staff, simply by virtue of her role as HSM. To be held liable under § 1983, a plaintiff must prove the defendant’s personal participation or direct responsibility for the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold a state official individually liable to allege that official’s personal involvement in the constitutional violation; supervisory status alone is insufficient.
Petitpas v. Griffin · filed 2021-05-06
Thus, in order to “hold a state official liable under § 1983, a plaintiff must plead and prove the elements of the underlying constitutional violation directly against the official without relying on a special test for supervisory liability.” Tangreti v. Bachmann, 983 F.3d 609, 620 (2d Cir. 2020). ... None of these allegations plausibly establish how Faucher or Quiros personally participated in any of the “adverse actions” against Petitpas in response to his filing complaints. Accordingly, I will dismiss Petitpas’s First Amendment retaliation claims against Faucher and Quiros.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking individual liability to allege each defendant’s own misconduct; a supervisor is not liable merely for a subordinate’s acts.
(PC) Pradia, Jr. v. Baccera · filed 2021-05-07
To impose individual liability under section 1983, a plaintiff must allege specific misdeeds that each defendant committed, rather than the misdeeds of those he supervised.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from a state official to allege that official’s personal involvement in the constitutional violation; supervisory status alone is insufficient.
Breton v. Cook · filed 2021-05-13
Regarding Plaintiff’s claims against Commissioner Cook and Warden Rodriguez, “[i]t is well settled in this Circuit that ‘personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.’” ... Plaintiff’s amended complaint has not corrected this deficiency and cannot satisfy Tangreti’s requirement that he plead the elements of the Fourth and Eighth Amendment claim against both Commissioner Cook and Warden Rodriguez. ... Accordingly, these claims must be dismissed against Commissioner Cook and Warden Rodriguez.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation and does not impose respondeat superior liability.
Bonds v. Berne Union Local Schools · filed 2021-05-17
The Report and Recommendation advised that Defendants Parker and Heath be dismissed from this action as Plaintiff has set forth no allegations that they personally participated in any of the underlying conduct at issue and respondeat superior liability is not actionable under Section 1983. ... As no objections have been made as to the Report and Recommendation’s conclusions as to Defendants Armstrong, Parker, Heath, and Persinger-Brown, this Court ADOPTS those sections of the Report and Recommendation. The Complaint is DISMISSED against Defendants Parker and Heath.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a deprivation of rights; supervisory status alone does not establish liability.
Howard v. Precythe · filed 2021-05-27
Plaintiff cannot hold the defendants liable simply because they held supervisory or administrative positions.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from an official individually to show that official’s personal involvement in the alleged constitutional violation; supervisory status alone does not suffice.
Davies v. Hickley · filed 2021-06-11
A plaintiff seeking to recover money damages under section 1983 from a defendant in his or her individual capacity must demonstrate “the defendant's personal involvement in the alleged constitutional deprivation.” Grullon v. City of New Haven, 720 F.3d 133, 138 (2d Cir. 2013).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in or direct responsibility for the conduct that caused injury; supervisory status alone does not create liability.
Goodwin v. Hughes · filed 2021-06-17
To state a § 1983 claim, the plaintiff must allege that the defendant was personally involved in or had direct responsibility for incidents that resulted in injury.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation in a constitutional violation; a supervisor is liable only if the supervisor participated in or directed the violation, or knew of it and failed to prevent it.
Barnett v. Lincoln County Jail · filed 2021-07-02
Plaintiff is advised that liability under § 1983 arises upon a showing of personal participation by each defendant, and a supervisor – such as the jail commander or sheriff – is not liable for the constitutional violations of employees unless the supervisor “participated in or directed the violations, or knew of the violations and failed to act to prevent them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).Read the full opinion on CourtListener →
Section 1983 requires personal responsibility; supervisors and employers are not liable solely because of their roles.
Doughty v. Gladieux · filed 2021-07-12
Liability under 42 U.S.C. § 1983 is based on personal responsibility, and defendants cannot be held liable solely because they supervise other prison staff or oversee operations within the prison.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; a supervisor cannot be held liable solely for a subordinate’s misconduct.
GATES v. MARTIN · filed 2021-07-18
Mr. Gates does not allege that Ms. Sims was personally involved with the alleged constitutional deprivations. A plaintiff "only may bring a § 1983 claim against those individuals personally responsible for the constitutional deprivation." Doyle v. Camelot Care Centers, Inc., 305 F.3d 603, 614 (7th Cir. 2002). "[A] plaintiff may not rely on the doctrine of respondeat superior to hold supervisory officials liable for the misconduct of their subordinates." Id. Thus, any claim against Ms. Sims must be dismissed for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal participation in a civil rights violation; supervisory responsibility alone does not establish liability.
Nicolai v. Higgins · filed 2021-07-19
Plaintiff alleges that Idaho officials are responsible for the Texas correctional officers’ actions, without any supporting facts showing personal participation. There is no respondeat superior liability in Section 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because a defendant supervises others; liability requires personal responsibility for the deprivation of a constitutional right.
Regan v. Wexford · filed 2021-08-02
Defendants do not become liable merely as a result of their supervisory positions over others, as the doctrine of respondeat superior (supervisor liability) does not apply to actions filed under §1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of rights; supervisory status alone does not establish liability.
Jeffers v. Woodson · filed 2021-08-05
“Liability will only lie where it is affirmatively shown that the official charged acted personally in the deprivation of the plaintiff’s rights. The doctrine of respondeat superior has no application under [§ 1983].” ... Jeffers seems to be arguing that it is Woodson’s own practice or directive to deny exceptions to the standard restraint policy. ... Jeffers, nevertheless, has presented sufficient disagreement to submit the issue to a fact-finder.Read the full opinion on CourtListener →
Section 1983 requires personal fault based on each defendant’s own conduct; supervisory status alone does not establish liability.
Mills v. MD Department of Public Safety and Correctional Services · filed 2021-08-09
Section 1983 requires a showing of personal fault based upon a defendant’s own conduct.Read the full opinion on CourtListener →
Section 1983 requires allegations that each defendant personally caused the alleged constitutional deprivation; supervisory status alone does not establish liability.
Darnell Black Sr. v. Diaz · filed 2021-08-12
However, Plaintiff’s allegation that Defendant Diaz was responsible for all top officials does not support a Section 1983 claim against Defendant Diaz because there is no vicarious liability for Section 1983 claims.Read the full opinion on CourtListener →
Section 1983 requires personal participation in a constitutional violation; a supervisor may also be liable for directing it or knowing of it and failing to prevent it.
Marin v. Catano · filed 2021-08-23
“[l]iability under section 1983 arises only upon a showing of personal participation by the defendant. A supervisor is only liable for constitutional violations of his subordinates if the supervisor participated in or directed the violations, or knew of the violations and failed to act to prevent them. There is no respondeat superior liability under section 1983.” ... As to de la Torre and Castro, Plaintiff fails to allege that they “knew of the alleged retaliation before it happened” such that they could have participated in or directed the allegedly retaliatory acts or failed to prevent them.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged violation and does not impose liability through respondeat superior.
Edmisten v. Daniels · filed 2021-08-31
Plaintiff references respondeat superior several times throughout the SAC, but a defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). ... Thus, Plaintiff cannot hold the Defendants liable under a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability; a defendant must be personally involved in the alleged constitutional deprivation.
MIMS v. ZATECKY · filed 2021-09-03
The defendants names in the complaint all have supervisory roles, but there is no supervisory liability in § 1983 actions, see Ashcroft v. Iqbal, 556 U.S. 662, 676–77 (2009), and liability must be based on "personal involvement in the alleged constitutional deprivation,” Colbert v. City of Chi., 851 F.3d 649, 657 (7th Cir. 2017).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the wrongful conduct; supervisory status alone does not establish liability.
Ayers v. Commissioner Perry Phelps · filed 2021-09-13
Liability in a 42 U.S.C. § 1983 action is personal in nature; to be liable, a defendant must have been personally involved in the wrongful conduct.Read the full opinion on CourtListener →
Section 1983 generally requires a defendant’s personal participation in a constitutional violation; a supervisor is not liable solely for a subordinate’s acts.
Fox v. State of Maryland · filed 2021-09-14
In a suit arising under 42 U.S.C. § 1983, the doctrine of respondeat superior generally does not apply and liability attaches only upon a defendant’s personal participation in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 does not permit vicarious liability; a plaintiff must establish the claim against each individual defendant.
Phillips v. Shastine Tangilag, M.D. · filed 2021-09-17
Because § 1983 does not permit a plaintiff to impose vicarious liability on a defendant for another defendant’s actions, Phillips must independently establish these objective and subjective elements for each doctor that he has sued: Drs. Tangilag, Jefferson, Clifford, and Lewis.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in a constitutional violation or a causal connection between the defendant’s conduct and the violation.
Rhymes v. Neven · filed 2021-09-23
A review of the record shows that Rhymes failed to provide a legally sufficient evidentiary basis for a jury to conclude that defendants were personally involved in any constitutional violation or whether there was a causal connection between defendants’ conduct and any such violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to cause or personally participate in a constitutional deprivation; a physician is not liable for jail staff’s conduct merely because the physician provides services at the jail.
Bell v. City of Lacey · filed 2021-09-30
To prevail on a 42 U.S.C. § 1983 claim, the plaintiff must demonstrate that the particular defendant caused or personally participated in causing the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 generally requires a defendant’s personal participation in a constitutional violation; supervisory status alone does not establish liability.
Humple v. Johnson · filed 2021-10-07
In a suit arising under 42 U.S.C. § 1983, the doctrine of respondeat superior generally does not apply and liability attaches only upon a defendant’s personal participation in the constitutional violation. ... Plaintiff has not alleged facts to indicate personal participation by defendants Johnson and Sindy to support a claim for relief.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation in a constitutional violation; a supervisor is liable only if the supervisor participated in or directed the violation, or knew of it and failed to prevent it.
Lima-Flores v. Underhill · filed 2021-10-08
Plaintiff is advised that liability under § 1983 arises upon a showing of personal participation by each defendant, and a supervisor is not liable for the constitutional violations of employees unless the supervisor “participated in or directed the violations, or knew of the violations and failed to act to prevent them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead that each government official personally violated the Constitution; a supervisory position alone does not establish liability.
Aikens v. Meyer · filed 2021-11-01
It is well established that a cause of action brought under 42 U.S.C. § 1983 requires a plaintiff to plead that each government official, through the official's own individual actions, has violated the Constitution.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation; a warden is not liable merely for overseeing a prison.
Malone v. Porter · filed 2021-11-01
Because Warden Galipeau was not personally involved in the incident and he cannot be held liable simply because he oversees the operation of the prison, Malone cannot proceed against him.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; supervisory status alone does not establish liability.
Roahrig v. Siegal · filed 2021-11-02
There is no general respondeat superior liability under § 1983, which means that an individual can’t be held liable simply because employees they supervise violated a person’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged constitutional violation; supervisory status alone does not establish liability.
Stouffer v. Sharp · filed 2021-11-02
Supervisory status is not sufficient to support liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged misconduct; supervisory status alone does not establish liability.
Sanchez v. Litz · filed 2021-11-03
Individual liability will be imposed under Section 1983 only if the state actor played an “affirmative part” in the alleged misconduct. ... Based on the above, Defendant Litz’s motion to dismiss will be granted based on a lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely because of their position; the defendant must be personally involved in the alleged constitutional violation.
Murphy v. County of Chemung · filed 2021-11-09
Moreover, the theory of respondeat superior is not available in a § 1983 action.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a rights violation; supervisory status alone is insufficient.
Ortiz v. Litz · filed 2021-11-16
Rather, the claims against defendants appear to be based entirely on their role as supervisory officials in the prison, which is insufficient to allege personal involvement.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in a claimed constitutional violation; supervisory status alone is insufficient.
BROWN v. DEPARTMENT OF CORRECTIONS · filed 2021-12-06
However, to state a claim against a Defendant in a § 1983 action, a plaintiff must allege facts explaining that Defendant’s involvement in the claimed constitutional violations. ... Generalized allegations that a supervisory defendant is “in charge of” or “responsible for” an office or facility is not sufficient to allege personal involvement in an underlying constitutional violation. ... Accordingly, Brown has not stated a plausible claim against Sorber and his claims will be dismissed.Read the full opinion on CourtListener →
Section 1983 holds defendants liable only for their own conduct, including a supervisor’s participation in, direction of, or knowing acquiescence in a rights violation.
WALDRON v. WETZEL · filed 2021-12-06
As stated in the text of § 1983 itself, only a person who “subjects, or causes to be subjected” another person to a civil rights violation can be held liable under § 1983. Thus, a defendant can be held liable only for his or her own conduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation; a supervisory position alone does not establish liability.
Ortiz v. Litz · filed 2021-12-14
Rather, the claims against Litz appear to be based entirely on her role as a supervisory official in the prison, which is insufficient to allege personal involvement. See id. We will dismiss Ortiz’s complaint on that basis.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation and does not impose vicarious liability on supervisors.
Rivers v. Rymarkewicz · filed 2022-01-03
Section 1983 does not create collective or vicarious responsibility. ... This is not enough involvement by Captain Rymarkewicz to support a claim against him, and the Court will dismiss him from this action.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant’s own acts or omissions to cause a violation of the plaintiff’s rights; supervisors are not liable solely for their subordinates’ conduct.
(PC) Pavao v. Unknown · filed 2022-01-13
Individual jail officials and employees can be sued under § 1983 only for their own specific acts and omissions that cause a violation of plaintiff’s rights. ... Plaintiff has not identified any specific acts of particular individuals (including Doe defendants) who are alleged to be responsible for the deprivations he complains of. He therefore has not stated any claim for which relief could be granted.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.
Pellot v. Litz · filed 2022-01-20
Pellot’s complaint does not make any allegations as to how defendants were personally involved in the alleged violations of his rights. Rather, the claims against defendants appear to be based entirely on their role as supervisory officials in the prison, which is insufficient to allege personal involvement.Read the full opinion on CourtListener →
Section 1983 generally requires a defendant’s personal participation in the constitutional violation; supervisory status alone does not establish liability.
Gough v. W.C.I. · filed 2022-01-24
In a suit arising under 42 U.S.C. § 1983, the doctrine of respondeat superior generally does not apply and liability attaches only upon a defendant’s personal participation in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 permits an individual-capacity claim against a prison warden when evidence of systemic conditions supports an inference that the warden knew of them.
Hall v. Nicholson · filed 2022-02-10
Here, the unsanitary conditions described by Plaintiff were pervasive and occurred in more than one housing unit – even causing one such unit, F-House, to close altogether – and thus suggest systemic problems at the prison, and so Defendant’s knowledge of the problems may be inferred.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in a rights violation; supervisory status alone does not establish liability.
Henderson v. Bakersfield Police Department · filed 2022-02-11
There is no respondeat superior liability under section 1983, and therefore, each defendant is only liable for his or her own misconduct.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to cause or participate in the constitutional deprivation; a supervisor’s position alone does not establish liability.
Weldon v. Watson · filed 2022-02-14
The doctrine of respondeat superior is not recognized under Section 1983, so the allegations must suggest that each individual defendant was involved in a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 imposes direct liability on a supervisor for the supervisor’s own acts and requires personal involvement in the alleged constitutional deprivation.
ANDREW v. WEXFORD OF INDIANA, LLC · filed 2022-02-14
"Liability under § 1983 is direct rather than vicarious; supervisors are responsible for their own acts but not for those of subordinates, or for failing to ensure that subordinates carry out their tasks correctly." ... "[I]ndividual liability under § 1983 . . . requires personal involvement in the alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation; general responsibility for prison operations or staff supervision does not establish liability.
Richard v. Pritzker · filed 2022-02-16
The general responsibility to oversee the operations of a correctional facility or to supervise its staff are not sufficient to create liability under § 1983.Read the full opinion on CourtListener →
Notes 31651–31800 of 89,157, oldest cases first.
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