42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
164,512 citing cases reviewed of 283,166 in the citation index: 71,725 interpreted the section (annotated below), 92,787 cited it only in passing. Cases filed after 2021-01-26 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 liability
Section 1983 permits supervisory liability only when the supervisor knew of a pervasive risk of constitutional injury, responded with deliberate indifference or tacit authorization, and thereby caused the plaintiff’s injury.
Vaughn v. Gelsinger · filed 2019-11-26
Supervisory liability under § 1983 must be supported with evidence that: (1) the supervisor had actual or constructive knowledge that his subordinate was engaged in conduct that posed a pervasive and unreasonable risk of constitutional injury to citizens like the plaintiff; (2) the supervisor’s response to the knowledge was so inadequate as to show deliberate indifference to or tacit authorization of the alleged offensive practices; and (3) there was an affirmative causal link between the supervisor’s inaction and the particular constitutional injury suffered by the plaintiff.Read the full opinion on CourtListener →
Section 1983 does not impose liability based solely on a defendant’s supervisory or administrative position.
Cody v. Ste. Genevieve Co Jail · filed 2019-11-26
Plaintiff cannot hold the Dr. Pewitt liable simply because they held supervisory or administrative positions.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable for failing to remedy a subordinate’s violation when no underlying violation is ongoing.
Rucano v. Venettozzi · filed 2019-11-26
Where, however, as in this case, there is no underlying ongoing violation by a subordinate, a supervisor cannot be liable for a failing to remedy a non-existent violation.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement; an allegation of supervisory approval alone is insufficient.
Washington v. DuBois · filed 2019-11-26
Here, Plaintiff fails to allege facts of any personal involvement by Defendant DuBois. There is merely the allegation of supervisory approval of the alleged Section 1983 violation. Within this circuit, courts have held that the mere allegation of supervisory approval, without more, is insufficient to show any personal involvement.Read the full opinion on CourtListener →
Section 1983 does not impose liability based solely on a defendant’s supervisory position.
Dudley v. Brown · filed 2019-11-26
Rather, it appears that Plaintiff seeks to hold Defendants Warden Clark and Lucas liable solely because their supervisory positions at DCP, which he cannot do.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of supervisory authority; the supervisor must be personally involved in the alleged violation.
WILLIAMS v. CLARK · filed 2019-11-26
Nor can Section 1983 liability be predicated solely on the theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because the supervisor oversees officials who allegedly violated a person’s rights.
Scott v. California Department of Corrections and Rehabilitation · filed 2019-11-27
Plaintiff has failed to state a Section 1983 claim against Warden Robertson. The only factual allegations against Warden Robertson is that he is legally responsible for the welfare of all PBSP inmates and oversaw Dr. Kumar and RN Golding’s actions. There is no supervisory liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because a person supervises those who committed the alleged violation.
Aguilera v. Ducart · filed 2019-11-27
As explained previously, under no circumstances is there liability under section 1983 solely because one is responsible for the actions or omissions of another, also referred to as supervisory liability.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor participates in, directs, or knowingly acquiesces in a subordinate’s constitutional violation.
OLIVER v. GD CORRECTIONAL FOOD SERVICE, LLC · filed 2019-11-27
“Second, a supervisor may be personally liable under § 1983 if he or she participated in violating the plaintiff’s rights, directed others to violate them, or, as the person in charge, had knowledge of and acquiesced in the subordinate’s unconstitutional conduct.” ... Nor does he allege Kostura’s direct participation in the events he describes in his Complaint.Read the full opinion on CourtListener →
Section 1983 does not make supervisors vicariously liable solely because of an employer-employee relationship.
Jimenez v. Travis County Sheriff's Department · filed 2019-12-02
To the extent Plaintiff is asserting Sheriff Hernandez is liable due to her supervisory position, this claim must be dismissed because supervisory officials cannot be held vicariously liable in § 1983 cases solely based on the employer-employee relationship.Read the full opinion on CourtListener →
Section 1983 permits individual liability for a supervisor’s failure to train when the failure amounts to deliberate indifference to others’ rights and causes the alleged deprivation.
(PC) Martin v. Petras · filed 2019-12-02
A supervisor’s failure to train subordinates may give rise to individual liability under § 1983 where the failure to train amounts to deliberate indifference to the rights of persons with whom the subordinates come into contact. ... However, if defendants Haile, Saukhla and Petras denied plaintiff’s request for HCV treatment despite being aware that plaintiff qualified for this treatment pursuant to state policy, then defendant Bick’s alleged failure to train these defendants regarding this policy did not cause the alleged deprivation. Accordingly, plaintiff’s failure to train claim against defendant Bick is dismissed.Read the full opinion on CourtListener →
Section 1983 permits a claim against prison supervisors when allegations that they received notice of unconstitutional conditions and failed to act plausibly link them to those conditions.
Pauline, Jr. v. Director DOJ · filed 2019-12-02
Although these claims are arguably vague, if Plaintiff wrote to these Defendants and they failed to investigate, take action, or even respond to him, these claims are sufficient to plausibly allege that Sequeira, Kawamoto, and Espinda failed to supervise or control their subordinates regarding these allegedly unconstitutional conditions of confinement, and are sufficient to proceed to adversary proceedings.Read the full opinion on CourtListener →
Section 1983 permits individual-capacity claims against sheriffs for negligent failures to train or supervise their subordinates.
Duran v. The County of Monroe · filed 2019-12-02
Sheriffs can be held liable under § 1983 in their individual capacities for their negligent acts of failing to adequately train and supervise their subordinates.Read the full opinion on CourtListener →
Section 1983 requires specific facts connecting a supervisor to a constitutional violation; conclusory allegations that the supervisor learned of it afterward are insufficient.
Thomas v. Montgomery · filed 2019-12-03
Here, the FAC does not allege any specific facts that Beltran “participated in or directed the violations, or knew of the violations and failed to act to prevent them.” See Taylor, 880 F.2d at 1045. Conclusory allegations that as a supervising officer he knew the facts of the incident after it occurred is not sufficient to state a claim.Read the full opinion on CourtListener →
Section 1983 does not impose general respondeat superior liability on supervisors.
Lohnes v. Martinez · filed 2019-12-04
However, there is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of their position; liability requires personal involvement or a causal connection to the alleged violation.
Torrey v. Hall · filed 2019-12-04
A plaintiff proceeding under 42 U.S.C. § 1983 cannot establish a constitutional violation simply by virtue of the defendant’s role as a supervisor. ... Instead, to state a viable claim under § 1983, the plaintiff must “identify defendants who are either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.”Read the full opinion on CourtListener →
Section 1983 requires facts showing a supervisor’s personal involvement in a constitutional violation; supervisory status alone is insufficient.
Mosquera v. Nassau Health Care Corporation · filed 2019-12-04
While Mosquera names Dr. Henig in the complaint as the “Director of Health Services for N.C.C.,” her status as a supervisor is an insufficient basis to impose liability under § 1983, absent additional facts about her personal involvement in a constitutional violation.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of that supervisory role.
Seiber v. Dillon · filed 2019-12-04
Moreover, Plaintiff cannot seek to impose liability on Nurse Norwood as “head nurse,” as a court may not impose liability under § 1983 based a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on a supervisor; liability requires personal participation or a causal connection to the constitutional deprivation.
Bryant v. Robert J. Buck, III · filed 2019-12-05
A supervisor cannot be liable under § 1983 based on vicarious liability or respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability without the supervisor’s personal involvement in the constitutional violation or a causal connection to it.
Valenzuela v. Torres · filed 2019-12-05
Cervantes, however, fails to allege facts to infer any personal involvement by defendant Villalobos, or a causal connection between defendant Villalobos’s conduct and the alleged assaults. See Starr, 652 F.3d at 1207. Thus, Cervantes’s conclusory allegations against defendant Villalobos are insufficient to establish individual liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 permits a supervisory liability claim when a supervisor is informed of an ongoing constitutional violation and fails to act, allowing the harm to continue.
Holness v. Gagne · filed 2019-12-06
Thus, a deliberate indifference claim on the basis of supervisory liability may proceed against Corcella and Cotta.Read the full opinion on CourtListener →
Section 1983 permits a supervisory liability claim when a supervisor plausibly understood the circumstances of an arrest and ratified it.
Colon v. City of Rochester · filed 2019-12-06
In my view, that is sufficient to state a claim against Wheeler. Drawing all reasonable inferences in plaintiffs’ favor, plaintiffs have plausibly alleged that Wheeler understood the circumstances leading up to plaintiffs’ arrests, and ratified those arrests.Read the full opinion on CourtListener →
Section 1983 does not permit supervisory liability based solely on respondeat superior.
Joyner v. Fleming · filed 2019-12-09
Supervisory liability under § 1983 may not be predicated only on the theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because of their supervisory role.
Grant v. Doe · filed 2019-12-09
Section 1983 does not allow actions against individuals merely for their status as the supervisors of others.Read the full opinion on CourtListener →
Section 1983 permits a claim against a supervisor only when the supervisor personally participates in the alleged violation or has a causal connection to it.
Coleman v. Sgt. Walker · filed 2019-12-09
A supervisor may be liable under § 1983 only if she “personally participates in the alleged constitutional violation or when there is a causal connection between the actions of the supervising official and the alleged constitutional violation.”Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely for a subordinate’s conduct.
Day v. Jeffreys · filed 2019-12-09
The doctrine of respondeat superior is not applicable to section 1983 actions and, therefore, Defendants cannot be held liable for the conduct of a subordinate.Read the full opinion on CourtListener →
A supervisor may be liable under § 1983 when a policy, custom, or practice causes constitutional harm, or when the supervisor personally participates in, directs, or knowingly acquiesces in the violation.
TALLEY v. PILLAI · filed 2019-12-09
As such, Talley does not allege facts making out a plausible claim of supervisory liability.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on prison supervisors; a claim against them requires personal involvement or an official policy that caused the constitutional violation.
Kisor v. Tafoya-Lucero · filed 2019-12-10
Kisor’s assertions do not demonstrate that either Tafoya-Lucero or Maciel was personally involved in, or promulgated an official policy that led to, the alleged constitutional violations. Kisor’s allegations against Tafoya-Lucero and Maciel are essentially theories of vicarious liability and thus cannot form the basis for § 1983 claims against them.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because they hold positions of authority.
Hartney v. Alexander · filed 2019-12-10
Hartney cannot hold them responsible merely because they are in a position of authority.Read the full opinion on CourtListener →
Section 1983 permits a claim against a supervisor without direct personal interaction with the plaintiff when the supervisor’s own conduct supports liability.
Masterson v. County of Alameda · filed 2019-12-11
With respect to Ahern and Burton, defendants are incorrect when they argue that supervisors cannot be liable under § 1983 unless they have direct, personal interaction with the plaintiff.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on supervisors; a plaintiff must establish a basis for supervisory liability beyond the defendant’s supervisory status.
Sheppard v. Pepper · filed 2019-12-11
Vicarious liability under the doctrine of respondeat superior does not apply in § 1983 claims.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability when the supervisor neither committed nor acquiesced in the alleged constitutional misconduct.
Meeks v. Washington · filed 2019-12-11
Warden Doe is likewise not liable under § 1983 in his or her supervisory capacity for the alleged violation of plaintiff’s rights, because plaintiff failed to allege that the warden committed any of these acts or acquiesced in the other parties’ conduct.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor for a subordinate’s misconduct unless the supervisor encouraged or directly participated in it.
Maines v. Fender · filed 2019-12-11
To the extent that Plaintiff is claiming Defendants are liable in their supervisory capacity for the ... alleged denial of treatment by LECI medical staff, a supervisory official is not liable under § 1983 for the alleged unconstitutional conduct of subordinates in the absence allegations that the supervisor encouraged the unconstitutional conduct or directly participated in it.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability based solely on a supervisor’s review of grievances about past violations.
Sears v. Mooney · filed 2019-12-11
Thus, as a matter of law, Defendants Mooney, Varner, Kelley, Shomper, Merritt, Weikel, Sccichitano, and Peters cannot be held liable based upon their participation in after-the-fact review of his grievances.Read the full opinion on CourtListener →
Section 1983 permits individual liability for a supervisor who directly participates in, encourages, or knowingly acquiesces in the alleged misconduct.
Landers v. Cadreche · filed 2019-12-11
Plaintiff presumably sues Cadreche because he believes she holds some supervisory position over those who are providing his care and treatment, but a supervising official can only be individually liable under § 1983 where “the supervisor either encouraged the specific incident of misconduct or in some other way directly participated in it.” Peatross v. City of Memphis, 818 F.3d 233, 242 (6th Cir. 2016). ... There are no such allegations in this case.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability merely because a defendant employs the person who allegedly violated a right; the complaint must allege a causal link.
(PC) Wesson v. Linde · filed 2019-12-12
Supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior and, therefore, when a named defendant holds a supervisorial position, the causal link between him and the claimed constitutional violation must be specifically alleged.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged unconstitutional conduct; supervisory status alone does not establish liability.
Douglas v. Greenup County, Ky · filed 2019-12-12
Rather, for a supervisor to be held liable under § 1983, he or she must have personal involvement in the alleged unconstitutional conduct about which the plaintiff complains.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s own conduct and the deprivation of rights; a supervisory position alone does not establish liability.
Nelson v. Precythe · filed 2019-12-12
“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Plaintiff’s complaint does not demonstrate this causal link as to defendant Crews. Rather, plaintiff relies on the supervisory or administrative positions of Crews to assert liability, which is inadequate to state a claim.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting a supervisor’s actions or policies to the claimed constitutional violation; conclusory allegations do not suffice.
REAL v. WETZEL · filed 2019-12-12
Here, Real’s allegations against Secretary Wetzel are insufficient to state a plausible claim against him under § 1983.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for the unconstitutional conduct of subordinates.
Jew v. Steven · filed 2019-12-13
Lusty, as manager of the HSU, “may not be held liable for the unconstitutional conduct of [her] subordinates under a theory of respondeat superior.” Iqbal, 556 U.S. at 676.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely because of their subordinates’ actions.
Millen v. Morris · filed 2019-12-13
There is no respondeat superior liability under § 1983, i.e. no liability under the theory that one is responsible for the actions or omissions of another, such as an employee.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires the supervisor’s personal involvement or a causal connection to the constitutional violation.
TILLIS v. CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA · filed 2019-12-13
Even under Plaintiffs’ version of Boren’s involvement, the record does not support the conclusion that he violated clearly established law regarding his supervisory responsibilities. Boren is thus entitled to summary judgment on his qualified immunity defense as to all of Plaintiffs’ individual capacity § 1983 claims against him.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because subordinates were involved in an alleged constitutional violation.
Jenkins v. Malin · filed 2019-12-13
The Court is not ordering service on Defendant Malin at this time because the Complaint alleges no facts as to her, and she cannot be liable under § 1983 merely because she is the supervisor of others who were involved in an alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 does not generally make supervisors vicariously liable for their subordinates’ acts.
WASHINGTON v. ALBIANO · filed 2019-12-16
Supervisors are generally not vicariously liable for their subordinates’ acts.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position.
Cornell v. Reed · filed 2019-12-17
Additionally, there is no respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
A Section 1983 supervisory liability claim requires an affirmative link between the supervisor and the constitutional violation.
Kerns v. Southwest Colorado Mental Health Center, Inc. · filed 2019-12-18
However, Plaintiffs have not alleged facts sufficient to establish the type of affirmative link between Ensign and the alleged constitutional violation committed by Trebelhorn that is required by the Tenth Circuit.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability based on mere knowledge of a constitutional violation; the supervisor must be personally involved or have a sufficient causal connection to it.
Brown v. Davis · filed 2019-12-18
Plaintiff’s objection thus fails because he alleged only “mere knowledge” by Davis, Barnett, and Meador.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires proof of the supervisor’s deliberate indifference, even when the plaintiff is a pre-trial detainee.
Younger v. Green · filed 2019-12-19
Supervisory liability, however, always requires a showing of deliberate indifference on the part of the supervisor.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable for subordinates’ actions merely because of the supervisory relationship.
Alana v. Rose · filed 2019-12-20
Vicarious liability for supervisory officials, known as respondeat superior, does not apply in § 1983 cases. ... As such, Clarke cannot be held liable for the other defendants’ actions merely because they work for the VDOC and he is its director.Read the full opinion on CourtListener →
Section 1983 supervisory liability based on an unconstitutional policy requires more than a conclusory assertion that the policy existed.
Taylor v. Williams · filed 2019-12-20
But as a threshold matter, a plaintiff cannot avoid summary judgment merely by asserting the legal conclusion that an unconstitutional policy existed.Read the full opinion on CourtListener →
A supervisor may be liable under § 1983 when knowledge of a subordinate’s unconstitutional conduct and failure to act amount to acquiescence.
Palmer v. Alameda County · filed 2019-12-20
Based on these allegations, the Court finds Palmer states a valid claim against Sheriff Ahern under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on government officials for their subordinates’ unconstitutional conduct solely under a theory of respondeat superior or vicarious liability.
Skellett 183067 v. Washington · filed 2019-12-20
Government officials may not be held liable under § 1983 for the unconstitutional conduct of their subordinates under a theory of respondeat superior or vicarious liability.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of a subordinate’s conduct.
Grigsby v. Asuncion · filed 2019-12-23
Although it remains unclear what claim or claims plaintiff may be raising against Warden Asuncion in her individual capacity, supervisory personnel such as a warden are not liable under § 1983 on a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely for their subordinates’ acts.
Carter v. Castelo · filed 2019-12-23
To the extent that Plaintiff seeks to impose Section 1983 liability on Defendants Gastelo and Diaz premised on the acts of their subordinates, such claims are not cognizable.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable merely because they employ or supervise staff who commit violations.
Dodd v. Severe · filed 2019-12-23
Moreover, to the extent Mr. Dodd is alleging that the Defendants did not properly supervise the law library staff, there is no general respondeat superior liability under 42 U.S.C. § 1983, and these Defendants cannot be held liable simply because they employed or supervised them.Read the full opinion on CourtListener →
Section 1983 permits a supervisory liability claim when a supervisor acts with deliberate indifference and the supervisor’s conduct is plausibly connected to an alleged constitutional violation, even without direct involvement.
Wooten v. Roach · filed 2019-12-23
Thus, Roach plausibly acted with deliberate indifference when disregarding this known and obvious risk. ... Thus, even as a supervisor not directly involved in the actions resulting in a constitutional deprivation, Plaintiff has stated a plausible claim under this basis.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional deprivation; supervising the officers who caused it is insufficient.
Wells v. Govier · filed 2019-12-27
To be liable under § 1983, a defendant must be personally involved in the constitutional deprivation in some way.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged misconduct; supervisory status and awareness of grievances alone do not establish liability.
SIMMONS v. OVERMYER · filed 2019-12-27
Nor can Section 1983 liability be predicated solely on the theory of respondeat superior. ... Absent affirmative misconduct on the part of any of the supervisory Defendants, Simmons’ claims against Overmyer, Wonderling, Dietrich, and Blicha must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing a supervisor individually to allege that the supervisor personally participated in or otherwise caused the constitutional violation.
Santamariamuniz v. Paramo · filed 2019-12-30
If Plaintiff wishes to bring claims against Warden Paramo (or any other supervisory employee), he must allege how that person personally participated in or otherwise caused the allegedly unconstitutional conduct at issue in the Complaint.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their position; a plaintiff must allege each defendant’s personal involvement in the violation.
Wooden v. Budish · filed 2019-12-30
Plaintiff does not set forth allegations specifically connecting any Defendant to the claimed unconstitutional conditions, and it is well-established that supervisory officials cannot be liable under § 1983 solely on the basis of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on supervisors; a plaintiff must connect a supervisor’s own conduct or inaction to the alleged deprivation.
Makanani v. Wagutsuma · filed 2019-12-31
Supervisory officials are not liable under § 1983 for the actions of their subordinates “on any theory of vicarious liability.” ... Makanani alleges no personal action or inaction by Director Espinda or Mayor Kawakami connecting them to his claims or to any violation of his constitutional rights.Read the full opinion on CourtListener →
A supervisor sued individually under § 1983 is entitled to qualified immunity when the complaint does not plausibly allege that the supervisor knew of a pattern of similar unconstitutional acts by subordinates.
White v. City of St. Louis · filed 2019-12-31
White cannot plead Isom had notice of a pattern of unconstitutional misconduct when White failed to sufficiently plead a pattern of unconstitutional misconduct. For these reasons, Isom is entitled to qualified immunity and the Court dismisses Count II against Isom in his individual capacity.Read the full opinion on CourtListener →
Section 1983 does not permit a claim based solely on a supervisor’s responsibility for a subordinate; the claim must allege the supervisor’s own conduct violated the plaintiff’s civil rights.
Reum v. Olbertz · filed 2020-01-02
A § 1983 suit cannot be based on vicarious liability—that is, holding a supervisor responsible for the actions of his or her subordinate—but must allege that defendant’s own conduct violated plaintiff’s civil rights.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor’s failure to correct unsafe conditions or supervise subordinates has a sufficient causal connection to a constitutional violation.
Reyes v. Tanaka · filed 2020-01-02
Viewing the facts in the light most favorable to Plaintiffs, the Court finds that questions of material facts exist as to Tanaka’s supervisory liability under § 1983.Read the full opinion on CourtListener →
Section 1983 imposes supervisory liability only when the supervisor participated in or directed a constitutional violation, or knew of it and failed to prevent it.
Spann v. Bryant · filed 2020-01-02
Because there is no evidence that Warden Williams participated in or directed the alleged constitutional violation, or that he knew of the violations and failed to prevent them, he is ... entitled to summary judgment on Spann’s claim against him.Read the full opinion on CourtListener →
Section 1983 requires personal involvement, a causal connection, and a culpable state of mind to hold a supervisor liable.
Gardiner (ID 46842) v. McBryde · filed 2020-01-03
To establish liability on this theory, a § 1983 plaintiff must establish (1) “the supervisor’s subordinates violated the Constitution,” (2) had personal involvement, (3) a causal connection between the alleged Constitutional violation and plaintiff’s injury, and (4) a “culpable state of mind.”Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor personally directs wrongdoing or knows of it as it occurs and acquiesces.
RAPEIKA v. BOROUGH OF FORT LEE · filed 2020-01-03
Section 1983 liability against a supervisor may also exist if the supervisor was personally involved by either giving personal direction or having actual, contemporaneous knowledge of the wrongdoing and acquiescing to the violation. ... Plaintiff sufficiently alleges that Bendul and Hintze were personally involved in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged violation; handling a later disciplinary hearing or grievance does not establish liability for an earlier use of force.
NEWSOME v. TEAGARDEN · filed 2020-01-03
Thus, there are no allegations in the Amended Complaint that could sustain a viable supervisory liability claim. Rather, as alleged, Hearing Officer Benner, Superintendent Gilmore, and Secretary Wetzel were only involved in the handling of Plaintiff’s disciplinary hearing and the grievances that followed. Accordingly, Plaintiff’s supervisory liability claim against Hearing Officer Benner, Superintendent Gilmore, and Secretary Wetzel must be dismissed.Read the full opinion on CourtListener →
Section 1983 permits liability against a supervisor for the supervisor’s own conduct, not merely for a subordinate’s conduct.
Weatherspoon v. Felder · filed 2020-01-03
Sheriff Alexander may be held liable under § 1983 only for his own conduct and not for the conduct of his subordinate.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires an underlying constitutional violation.
Darius Ishun Green v. Warden Brad Hooks · filed 2020-01-06
Because Green failed to allege a constitutional violation, her supervisory-liability claims cannot stand.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison superintendent merely because he supervises the officers involved.
Pierce v. Neal · filed 2020-01-06
There is no general respondeat superior liability under 42 U.S.C. § 1983, so Superintendent Neal is not liable merely because he was in charge of the prison.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for their subordinates’ unconstitutional conduct solely because of their supervisory roles.
SHEPPERSON v. NEW JERSEY DEPARTMENT OF CORRECTIONS · filed 2020-01-06
Supervisors are not liable under § 1983 for the unconstitutional conduct of their subordinates.Read the full opinion on CourtListener →
Section 1983 does not make a prison supervisor liable solely because of the supervisor’s position; liability requires personal responsibility for the deprivation of a constitutional right.
Williams v. Buchanon · filed 2020-01-07
He also cannot state a § 1983 claim against a defendant simply because the individual serves in a supervisory capacity at the prison.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely for denying a grievance or failing to act on information in it.
Cunningham 495854 v. Holley · filed 2020-01-07
Moreover, § 1983 liability may not be imposed simply because a supervisor denied an administrative grievance or failed to act based upon information contained in a grievance.Read the full opinion on CourtListener →
Section 1983 does not make a supervisory jail official liable merely for knowing of a grievance and failing to remedy it.
Bailey v. Holloway · filed 2020-01-07
Further, knowledge of a grievance and failure to remedy the issue therein is not sufficient grounds to hold a supervisory jail official liable under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of their position; the plaintiff must allege the supervisor’s personal involvement.
Thomas-Weisner v. Gipson · filed 2020-01-08
There is no respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a causal link between an alleged rights violation and a policy or custom of a private prison corporation or prison supervisor; employing or overseeing the wrongdoer alone is insufficient.
Lucero v. Core Civic NW New Mexico Correctional Facility · filed 2020-01-08
Private corporations acting under the color of state law cannot be held liable solely because they employ or oversee a tortfeasor. ... The same is true with respect to prison supervisors. ... Plaintiff has not established a nexus between the alleged violations and any policy or custom promulgated by CoreCivic, Warden Judd, or Centurion.Read the full opinion on CourtListener →
A Section 1983 claim against a superintendent in his individual capacity requires pleaded facts showing actual or constructive notice of the plaintiffs’ complaints.
Everett H. v. Dry Creek Jt. Elem. Sch. Dist. · filed 2020-01-09
And because Plaintiffs-Appellants did not plead facts establishing that Superintendent Torlakson had actual or constructive notice of their complaints, they failed to state a claim against Superintendent Torlakson in his individual capacity.Read the full opinion on CourtListener →
Section 1983 limits supervisory liability to a supervisor’s own unconstitutional acts or omissions; responsibility for subordinates alone is insufficient.
(PC) Espino v. Arnold · filed 2020-01-09
Supervisory liability under § 1983 is limited to unconstitutional acts or omissions of the supervisor, and cannot be based solely on the actions of subordinates.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor causes a constitutional violation through a deliberately indifferent policy, or participates in, directs, or knowingly acquiesces in a subordinate’s violation.
DICKS v. TILLMEN · filed 2020-01-10
“Second, a supervisor may be personally liable under § 1983 if he or she participated in violating the plaintiffs rights, directed others to violate them, or, as the person in charge, had knowledge of and acquiesced in the subordinate’s unconstitutional conduct.” ... Mr. Dicks makes no plausible allegation under either category upon which supervisory liability may be found.Read the full opinion on CourtListener →
Section 1983 does not make government officials liable for their subordinates’ conduct solely because they supervise them; a complaint must allege their personal involvement in the wrong.
SUBER v. MUELLER · filed 2020-01-10
As a general rule, government officials are not liable under § 1983 for the unconstitutional conduct of their subordinates under a theory of respondeat superior. ... As such, the Complaint does not state claims of deliberate indifference against the named Defendants without additional facts showing that these Defendant’s were involved in the alleged wrongs and were deliberately indifferent to an allegedly serious medical need.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for their subordinates’ violations without personal involvement.
Kudingo v. Carr · filed 2020-01-13
“Section 1983 does not create collective or vicarious responsibility. Supervisors are not liable for the errors of their subordinates.” ... In this case, the complaint does not allege facts indicating that Carr was directly or personally involved in any alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely because the supervisor oversees employees accused of violating constitutional rights.
Gilbert v. Warnick CO II · filed 2020-01-13
In other words, there is no respondeat superior liability under § 1983. ... To the extent that Warden Graham was named as a defendant on a theory of supervisory liability, Gilbert’s claim against him fails.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor knew of and acquiesced in a subordinate’s constitutional violation or was responsible for a policy or practice that directly caused it.
MINOR v. DILKS · filed 2020-01-13
To state a claim of supervisory liability against Powell, Plaintiff must allege facts indicating Powell had knowledge of and acquiesced in his subordinate’s constitutional violations, or that he was responsible for a policy or practice that directly led to violation of Plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor personally participates in a constitutional deprivation or the supervisor’s conduct has a sufficient causal connection to it.
(PC) Anderson v. Kernan · filed 2020-01-14
“A defendant may be held liable as a supervisor under § 1983 if there exists either (1) his or her personal involvement in the constitutional deprivation, or (2) a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation.”Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their supervisory roles.
Wilson v. Carver · filed 2020-01-14
To the extent Plaintiff’s claim against Defendants Ratliff, Perry, Lane, Dickerson, Hayes, Gartman, Greene, and Adams is premised solely on their roles as supervisors, his claim fails as a matter of law.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their subordinates’ unconstitutional acts.
Wilson v. Dickerson · filed 2020-01-14
To the extent Plaintiff’s claim against Defendants Lane and Doe is premised solely on their roles as supervisors, his claim fails as a matter of law.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability merely because a supervisor denied a grievance or failed to act on information in it.
Taylor 499227 v. Jackson · filed 2020-01-14
Section 1983 liability may not be imposed simply because a supervisor denied an administrative grievance or failed to act based upon information contained in a grievance.Read the full opinion on CourtListener →
Section 1983 does not make government officials liable for their subordinates’ unconstitutional conduct solely because they supervise them.
STOKES v. ATLANTIC COUNTY JAIL · filed 2020-01-14
The Court further notes that Plaintiff has failed to allege any facts supporting liability against Warden Kelsey and Mr. Henry. Plaintiff only states that they are in charge of the jail and JFS, respectively. “Government officials may not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior.”Read the full opinion on CourtListener →
Under § 1983, receiving a grievance after an alleged excessive force violation has ended does not, by itself, establish a supervisor’s personal involvement.
Ayuso v. Griffin · filed 2020-01-14
Thus, when an Eighth Amendment violation is not ongoing, a supervisor will not be found to be personally involved on the sole basis of having received a grievance.Read the full opinion on CourtListener →
Section 1983 liability does not require a formal supervisory role.
Peterson v. Mickles · filed 2020-01-14
Broadly speaking however, a formal supervisory role is not essential under section 1983.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability on officials merely because they failed to correct misconduct reported through a grievance.
Curtician v. DOC Secretary Wetzel · filed 2020-01-15
Instead, Petitioner seeks to impose liability upon Respondents for not acting to correct the alleged unsanitary conditions. This is a form of supervisory liability, which is not permitted under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing a supervisor to allege personal involvement in the constitutional deprivation or a sufficient causal connection between the supervisor’s conduct and the violation.
Lopez v. Wu · filed 2020-01-15
Also, that some of these defendants are supervisors was insufficient. He must describe either personal involvement in the constitutional deprivation or a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely for supervising someone who committed a constitutional violation.
Moore v. IDOC · filed 2020-01-15
Further, to the extent Plaintiff alleges that Lashbrook and Baldwin are liable for failing to properly supervise the other defendants, Section 1983 does not authorize respondeat superior or “supervisory liability.”Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because subordinates failed to follow policy; allegations that the supervisor knew of the problem must also connect the supervisor to affirmative conduct in the violation.
Ashley v. Boayue · filed 2020-01-15
Ashley’s allegations still amount to no more than an attempt to hold Burt liable under a theory of respondeat superior. ... These allegations, as explained in the R&R, fail to state a claim for relief in a section 1983 action.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for a subordinate’s constitutional violation; the supervisor’s own misconduct must cause the violation.
SCANLON v. LAWSON · filed 2020-01-15
Without evidence of Burke’s own misconduct causing the alleged constitutional violations, Plaintiff is instead asserting supervisory liability based on a subordinate’s constitutional violations. The Supreme Court has clearly stated there is no such liability under Section 1983. Iqbal, 556 U.S. at 676 (2009). Therefore, Burke is entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability through respondeat superior.
Molcon v. Betti · filed 2020-01-15
Further, supervisory liability cannot be imposed under § 1983 by respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely for the conduct of subordinates.
McCurty v. Aguirre · filed 2020-01-16
Respondeat superior liability is not available under section 1983.Read the full opinion on CourtListener →
Section 1983 does not make a sheriff liable solely because jail staff committed a violation.
Bray - RESTRICTED - ACCEPT NO FILINGS v. LaPorte County Jail · filed 2020-01-16
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 supervisory liability merely because a supervisor denied a grievance or failed to act on information in one.
Throneberry 896621 v. Havenor · filed 2020-01-16
Moreover, § 1983 liability may not be imposed simply because a supervisor denied an administrative grievance or failed to act based upon information contained in a grievance.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position; the plaintiff must allege personal involvement in the deprivation.
Johnson v. City of New York · filed 2020-01-16
Liability under section 1983 cannot generally be imposed on a supervisor solely based on his position because there is no respondeat superior or vicarious liability under section 1983. ... Plaintiff fails to allege any facts to support a claim against the Warden and there is nothing in the Complaint to suggest that the Warden had any direct involvement with, knowledge of, or responsibility for the alleged deprivation of Plaintiff’s civil rights.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors merely for failing to investigate an incident after the fact.
GONDOR v. BENNETT · filed 2020-01-16
Gondor has not made any factual allegations against Chitwood or the unknown supervisors suggesting that they were personally involved. His claims against these defendants appear to be based entirely on their failure to investigate the incident after the fact. That conduct does not plausibly support a constitutional violation.Read the full opinion on CourtListener →
Section 1983 does not make prison officials liable solely because they supervise other employees.
Taylor v. Fleming · filed 2020-01-17
Moreover, they cannot be liable under the theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make supervisors vicariously liable for their subordinates’ unconstitutional acts.
Stallworth v. Wilkins · filed 2020-01-17
However, supervisory officials may not be held vicariously liable under § 1983 for the unconstitutional acts of their subordinates.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because subordinates allegedly violated a plaintiff’s constitutional rights.
Marietta v. LoBeu · filed 2020-01-17
There is no respondeat superior liability under § 1983, and, therefore, a defendant’s position as the supervisor of persons who allegedly violated a plaintiff’s constitutional rights does not impose liability.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely for denying a grievance or failing to act on information in it.
Williams 225280 v. Washington · filed 2020-01-17
Moreover, § 1983 liability may not be imposed simply because a supervisor denied an administrative grievance or failed to act based upon information contained in a grievance.Read the full opinion on CourtListener →
Section 1983 does not permit supervisory liability without personal involvement in the alleged misconduct.
York v. Capers · filed 2020-01-17
However, Plaintiff’s claims against Johnson and Patton are futile, as Plaintiff has not alleged that either were present during any portion of the incident, and supervisory liability is not actionable in claims brought pursuant to §1983.Read the full opinion on CourtListener →
Section 1983 requires facts supporting a reasonable inference of a supervisor’s liability; a conclusory allegation that the supervisor failed to supervise subordinates is insufficient.
Scott v. California Department of Corrections and Rehabilitation · filed 2020-01-21
Plaintiff’s conclusory allegation that Warden Robertson failed to supervise Dr. Kumar and RN Golding is insufficient to state a cognizable claim for Section 1983 liability.Read the full opinion on CourtListener →
A supervisor may be liable under Section 1983 for personal involvement in a constitutional deprivation or a sufficient causal connection between the supervisor’s conduct and the violation.
Green v. Robertson · filed 2020-01-21
A supervisor may be liable under section 1983 upon a showing of (1) personal involvement in the constitutional deprivation or (2) a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation. ... The only defendant is the warden, but Plaintiff has not demonstrated the warden’s personal involvement in the constitutional deprivation. The fact that Plaintiff submitted a form to the warden, without more, is insufficient.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position.
Solorio v. Doe (1) · filed 2020-01-21
The simple role as a supervisory official is insufficient to support a personal misconduct claim under § 1983.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when a supervisor personally participates in the constitutional deprivation or implements an unconstitutional policy that causes the injury.
Ducksworth v. MacMurdo · filed 2020-01-21
“A supervisory official may be held liable under section 1983 only if (1) he affirmatively participates in the acts that cause the constitutional deprivation, or (2) he implements unconstitutional policies that causally result in the constitutional injury.”Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when the supervisor’s conduct meets the requirements for knowledge, inadequate response, and a causal link to a constitutional injury.
Alexander v. Stirling · filed 2020-01-21
Public officials may be liable for the acts of their subordinates under § 1983 if the plaintiff demonstrates supervisory liability. ... The court finds that issuing razors and ceasing their issuance after inmates complained about them does not rise to the level of a “pervasive and unreasonable risk of constitutional injury” required for supervisory liability.Read the full opinion on CourtListener →
A supervisor is liable under § 1983 only if the supervisor implicitly authorized, approved, or knowingly acquiesced in a subordinate’s unconstitutional conduct.
Danyel Martin v. Warren Cty., Ky. · filed 2020-01-22
For supervisory liability to attach, Martin must demonstrate that Dr. Waldridge “implicitly authorized, approved or knowingly acquiesced in the unconstitutional conduct of the offending subordinate.” Coley v. Lucas County, 799 F.3d 530, 542 (6th Cir. 2015) (emphasis omitted) (quoting Taylor v. Mich. Dep’t of Corr., 69 F.3d 76, 81 (6th Cir. 1995)).Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for a subordinate’s conduct solely because of their supervisory roles.
Freeman v. Goard · filed 2020-01-23
The doctrine of respondeat superior, however, does not apply in § 1983 actions to impute liability onto supervisors.Read the full opinion on CourtListener →
Section 1983 does not make a warden liable merely because he supervises prison staff.
Pevia v. Nines · filed 2020-01-23
As indicated, in a § 1983 claim, a defendant cannot be found liable under a theory of vicarious liability or respondeat superior. See Love-Lane v. Martin, 355 F.3d 766, 782 (4th Cir. 2004) (holding that there is no respondeat superior liability under § 1983). Thus, Nines’s status as the Acting Warden of NBCI and the overall supervisor of all NBCI personnel does not in itself subject him to liability.Read the full opinion on CourtListener →
Section 1983 does not make a supervisory government official liable for subordinates’ constitutional violations solely because of the official’s supervisory position.
Hastings v. Scott · filed 2020-01-24
But a supervisory government official cannot be held liable under respondeat superior in a § 1983 action.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on supervisors for their subordinates’ conduct.
Young v. Campbell County, Kentucky · filed 2020-01-24
Under § 1983, a supervisory official may not be held liable under a vicarious theory of recovery.Read the full opinion on CourtListener →
Section 1983 requires evidence that a supervisor knew of or turned a blind eye to the plaintiff’s specific abuse; general evidence of a pattern of abuse is insufficient.
Wrice v. Byrne · filed 2020-01-27
To survive summary judgment on his § 1983 supervisory liability claim against Burge, Wrice must do more than present general evidence that Burge knew of and condoned the torture his subordinates were committing. ... Wrice must present evidence, beyond Burge’s silence, that Burge knew specifically of Wrice’s interrogation and torture.Read the full opinion on CourtListener →
A supervisor may be liable under § 1983 when evidence supports his direct involvement or knowing acquiescence in a subordinate’s unconstitutional conduct.
Odom v. Bolton · filed 2020-01-27
Viewing the facts in the light most favorable to the non-moving party, issues of material fact exist regarding whether Director Bolton may be held liable for alleged unconstitutional conduct.Read the full opinion on CourtListener →
Section 1983 supervisory liability cannot rest solely on respondeat superior.
Mclin v. Virginia Department of Corrections · filed 2020-01-28
Supervisory liability under § 1983 may not be predicated only on the theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position.
Schwerdtfeger v. Paramo · filed 2020-01-28
There is no respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position; the claim must allege personal involvement or facts supporting supervisory liability.
Jones v. State of Maryland · filed 2020-01-28
The doctrine of respondeat superior does not apply in § 1983 claims. ... These conclusory allegations are insufficient to state a claim against Defendant Gelsinger. Jones fails completely to allege any personal involvement by Defendant Gelsinger. The § 1983 claim will be dismissed as to Defendant Gelsinger.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor vicariously liable for an employee’s conduct; the complaint must support an inference of the supervisor’s personal involvement.
Matthews v. Ulrich · filed 2020-01-28
It is well settled that a defendant is not vicariously liable under § 1983 for the conduct of his or her employees, Monell v. New York City Dep’t of Soc. Serv., 436 U.S. 658, 691-94 (1978).Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable for another person’s actions without a basis to conclude that the supervisor directed, condoned, or approved them.
Musgraves v. Dries · filed 2020-01-29
Under §1983, he cannot be held liable for someone else’s actions unless there is a basis to conclude that he directed, condoned or approved the actions.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability based solely on a subordinate’s conduct.
Stuckey v. Howard · filed 2020-01-29
Respondeat superior liability is not available under section 1983.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on supervisors; a plaintiff must allege their personal involvement in the injury.
(PC) Salcido v. Warden · filed 2020-01-29
There is no respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a subordinate’s violation; general supervisory authority alone does not establish liability.
TERRANOVA v. BOROUGH OF HASBROUCK HEIGHTS · filed 2020-01-30
The second theory of liability provides that a supervisor may be personally liable under § 1983 if he or she participated in violating the plaintiff's rights, directed others to violate them, or, as the person in charge, had knowledge of and acquiesced in the subordinates’ violations.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable for a subordinate’s actions solely because of the supervisory relationship.
Edwards v. Jones · filed 2020-01-30
Plaintiff alleges that Amy Griffith and Erin Gould supervised subordinates that allegedly violated his rights, but a supervisor cannot be liable under § 1983 for the actions of a subordinate simply because he or she is a supervisor.Read the full opinion on CourtListener →
Section 1983 does not permit liability based on respondeat superior.
Kingcade v. Holder · filed 2020-01-30
Instead, plaintiff's allegations sound in respondeat superior, which is not actionable in § 1983 actions.Read the full opinion on CourtListener →
Section 1983 requires a supervisory prison official’s own involvement in unconstitutional conduct; responsibility for subordinates alone is insufficient.
Shaw v. Parris (PSLC2/TV2) · filed 2020-01-30
In a § 1983 action, supervisory prison officials cannot be held responsible for the actions of subordinates. ... The Court finds Defendants’ argument valid regarding Plaintiff’s Eighth Amendment claim against Defendant Parris, as there is no indication in Plaintiff’s complaint that Warden Parris had any personal involvement or knowing acquiescence in the discrete acts of excessive force alleged by Plaintiff.Read the full opinion on CourtListener →
A § 1983 supervisory liability claim cannot proceed without an adequately pleaded underlying constitutional violation.
Coe v. Zook · filed 2020-01-31
The Court need not thoroughly examine plaintiff's allegations through this lens, though, because plaintiff's failure to successfully plead a due process claim forecloses the possibility that plaintiff could state such a claim against a supervisory official.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor knew or reasonably should have known of a subordinate’s constitutional violations and failed to act to prevent them.
Vazquez v. County of Kern · filed 2020-01-31
Appleton sought summary adjudication of Vazquez’s claim for relief for supervisory liability under § 1983. ... From this evidence a jury could find that Appleton knew or reasonably should have known of Anderson’s violations and failed to act to prevent them.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on supervisors for their subordinates’ conduct.
Stuckey v. Risenhoover · filed 2020-01-31
Respondeat superior liability is not available under section 1983.Read the full opinion on CourtListener →
Section 1983 does not make officials liable solely because they supervise employees who violate constitutional rights; they must be personally responsible for the deprivation.
Addison v. Morgan · filed 2020-01-31
Section 1983 liability does not arise against these officials based on their supervisory roles over employees who caused the deprivation of Plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because the supervisor employs or oversees someone who violated the plaintiff’s rights.
Robinson v. Spanno · filed 2020-01-31
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 permits supervisory liability when a supervisor was personally involved in the alleged violation and was at least deliberately indifferent.
DAVIS v. YATES · filed 2020-02-03
Accordingly, a theory of supervisory liability is viable if a plaintiff sufficiently alleges that a defendant had personal involvement in the alleged violation and was at least deliberately indifferent.Read the full opinion on CourtListener →
Section 1983 does not permit supervisory liability based solely on respondeat superior.
Cornelius, III v. Union County Illinois Sheriff's Department · filed 2020-02-03
Finally, to the extent Plaintiff alleges that the sheriff did not properly supervise John Doe #1 or John Doe #2, his claims are barred because respondeat superior is not recognized under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely because of their supervisory role.
Jasmaine f/k/a Duane L. Fox v. Pitts · filed 2020-02-03
The Court also notes that most, if not all, of Plaintiff’s claims against the Defendants on these grounds appear to be based on supervisory liability, which is not a recognized basis for liability in § 1983 cases, in any event.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor without personal participation in the alleged constitutional violation.
Burchette v. Brown · filed 2020-02-03
As such, Plaintiff’s claim against Defendants appear to be based on supervisory liability, which is not a recognized basis for liability in § 1983 cases, in any event.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when repeated reports give officials reason to know of likely abuse and their inaction amounts to deliberate indifference or acquiescence.
Humphrey v. Rickie Friar · filed 2020-02-04
And the chiefs’ alleged failure to take any action whatsoever in response to these repeated reports, while retaining Friar as a reserve officer, plausibly amounted to deliberate indifference to or acquiescence in the abuse that followed.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability for a violation completed before the supervisor was notified, but a supervisor may be liable for an ongoing violation that the supervisor had an opportunity to address.
Baltas v. Rivera · filed 2020-02-04
As the use of force was concluded before he submitted any requests to defendants Black and Green, the defendants’ motion to dismiss is granted as to the supervisory liability claim relating to the use of excessive force. The plaintiff alleges that he was never provided proper decontamination from the effect of the chemical agent. Notification twenty-four hours later could afford defendants Black and Green an opportunity to address the issue. Thus, the motion to dismiss is denied as to the claim for denial of medical care.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their supervisory positions.
Sullins v. Six Unknown Masked Correctional Officers · filed 2020-02-04
There is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor participates in or directs a constitutional violation, or knows of it and fails to prevent it.
Manriquez v. Las Vegas Metropolitan Police Department · filed 2020-02-04
“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 prevent them.” ... Manriquez’s complaint does not plausibly allege supervisory liability as to Sergeants Holm and Williams. Thus, they are dismissed from this cause of action without prejudice.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because of his job responsibilities.
Hernandez v. Aranas · filed 2020-02-04
But a defendant may not be held liable under § 1983 merely because he had certain job responsibilities.Read the full opinion on CourtListener →
A Section 1983 failure-to-train claim against a supervisor requires specific facts showing how the training or supervision was defective.
Lindsey v. Brown · filed 2020-02-04
Plaintiff, however, has not pleaded How the training or supervision was defective. ... The Court, therefore, dismisses Plaintiff's 42 U.S.C. § 1983 claim against Brown for failure to train.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for an employee’s actions or omissions.
Flentoil v. Santa Clara County Dept. of Corrections · filed 2020-02-05
The mere fact that Dr. Chyorny was the medical director for the jail does not make him liable on a § 1983 claim based on the actions of employees at the jail because there is no respondeat superior liability under § 1983, i.e., no liability under the theory that one is responsible for the actions or omissions of an employee.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires an underlying constitutional violation.
BRYANT v. HARRIS COUNTY GEORGIA · filed 2020-02-05
In the absence of a constitutional violation, the supervisory liability claim against GDOC cannot succeed, even if the Court were to accept Plaintiff’s argument that the county Prison employees were also employed by GDOC.Read the full opinion on CourtListener →
Section 1983 does not make an official liable solely because of supervisory rank.
Nelson v. Burnham · filed 2020-02-06
Being a ranked official, however, does not result in liability under 42 U.S.C. § l983.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of the supervisor’s position or the acts of subordinates.
Tabia v. Lyons · filed 2020-02-06
It is well settled that a supervisor may not be held liable under 42 U.S.C. § 1983 on the tort theory of respondeat superior, nor can a supervisor's section 1983 liability rest solely on his position of authority.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability on a defendant who does not supervise the officer whose actions allegedly caused the injury.
Harwell v. Campbell · filed 2020-02-06
Red Arrow is not a supervisor to Defendant Stikeleather and therefore supervisory liability is not applicable.Read the full opinion on CourtListener →
Notes 47101–47250 of 71,725, oldest cases first.
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