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 does not impose liability on a supervisor merely for denying a grievance or failing to act on information in a grievance or kite.
Taylor 499227 v. Brege · filed 2020-04-01
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 or kite.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely because of the supervisor’s position.
Warshaw 236462 v. Fletcher · filed 2020-04-01
A plaintiff bringing an action pursuant to § 1983 cannot premise liability upon a theory of respondeat superior or vicarious liability.Read the full opinion on CourtListener →
Section 1983 does not make a warden liable solely for employing and supervising officers who assault an inmate.
Sedillo v. Chavez · filed 2020-04-01
The remaining Defendant, Warden Smith, cannot be liable for employing and supervising the officers who attacked Mr. Sedillo.Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on supervisors solely for their subordinates’ unconstitutional conduct.
Eby v. Karnes · filed 2020-04-01
However, it is well-established that officials may not be held individually liable for unconstitutional conduct of their subordinates under a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make prison supervisors liable for completed assaults solely because they failed to investigate later complaints, when they had no prior knowledge of the assaults or opportunity to stop them.
Blackshear v. Thurston · filed 2020-04-02
Plaintiff does not allege that the Supervisory Defendants had any prior knowledge that the assaults would occur or were in a position to stop them.Read the full opinion on CourtListener →
Section 1983 does not permit liability based solely on a defendant’s supervisory position.
Atnip v. Holder · filed 2020-04-02
Claims sounding in respondeat superior are not cognizable under § 1983.Read the full opinion on CourtListener →
Section 1983 does not make prison supervisors liable solely because they employ or oversee someone who violated a constitutional right.
Crespin v. Jablonski · filed 2020-04-02
Prison supervisors cannot be held liable solely because they employ or oversee a tortfeasor.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because a subordinate violated someone’s rights.
(PC) Singanonh v. Palacios · filed 2020-04-03
Therefore, to the extent that Plaintiff seeks to impose liability upon any of the defendants in their supervisory capacity, Plaintiff fails to state a claim.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for constitutional violations solely because of their supervisory roles.
King v. U.S. Marshal Service · filed 2020-04-03
Defendants cannot be held liable for the alleged violation of Plaintiff’s constitutional rights based solely on their supervisory roles at the Jail.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability on a defendant for that defendant’s own conduct.
Shreves v. Harris · filed 2020-04-03
If these Defendants are found personally liable, it is inconsistent to find them liable as supervisors for their own conduct. Judge Johnston’s recommendation will be adopted.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of his position or because a prisoner submitted a grievance to his office.
Hill v. Inch · filed 2020-04-06
It appears Plaintiff names Defendant Inch because of the administrative position Inch holds or because Plaintiff submitted a grievance to Secretary Inch’s office. Neither theory, however, is viable under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not make a prison warden liable solely because of his supervisory position.
Whittaker v. Redington · filed 2020-04-06
Finally, to the extent plaintiff can be understood to attempt to hold Reddington liable because he was the warden of the facility, he fails to state a claim under § 1983.Read the full opinion on CourtListener →
A supervisor’s deliberate indifference to a known pattern of subordinate misconduct can support § 1983 liability for a different constitutional injury if that injury was a foreseeable consequence of the misconduct.
Shirley Johnson, Personal Representative of the Estate of Elbert Davis, Sr. v. Baltimore City Police Department · filed 2020-04-07
Defendants have not cited to, nor could the Court independently discern, any precedent to support the notion that a supervising officer can evade § 1983 liability because the pattern of misconduct he has been deliberately indifferent to caused a different kind of constitutional harm than it typically does, even though that constitutional harm was reasonably foreseeable from his subordinate’s course of conduct.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for constitutional violations merely because of the positions they hold.
Rivera v. Dzurenda · filed 2020-04-07
So Rivera cannot hold wardens or the attorney general or the governor liable for § 1983 claims merely because of the positions they hold.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional deprivation; creating a policy under which the violation occurred can establish that involvement.
Mclean v. Superintendent · filed 2020-04-07
Rather, supervisory personnel may be considered “personally involved” in an alleged constitutional violation only if they 1) directly participated in the violation; 2) failed to remedy that violation after learning of it through a report or appeal; 3) created, or allowed to continue, a policy or custom under which the violation occurred; 4) were grossly negligent in managing subordinates who caused the violation; or 5) exhibited deliberate indifference to the rights of inmates by failing to act on information indicating that the violation was occurring. ... Mindful of the Second Circuit’s direction that a pro se plaintiff’s pleadings must be liberally construed, the Court finds that Plaintiff’s Eighth Amendment medical indifference claim against LaClair survives sua sponte review and requires a response.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely for their subordinates’ actions; a supervisor must be personally involved in the alleged deprivation.
(PC) Romero v. Spearman · filed 2020-04-08
As the warden of High Desert State Prison, defendant Spearman cannot be held liable for the actions of his subordinates under a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make a prison superintendent vicariously liable for the conduct of his employees.
Cufaude v. Gulick · filed 2020-04-08
Cain is not vicariously liable under § 1983 for the conduct of his employees.Read the full opinion on CourtListener →
Section 1983 permits a claim against supervisors whose policies create an unreasonable risk of constitutional injury when they know of and are deliberately indifferent to that risk and the injury results from the policy.
Brakeall v. Bieber · filed 2020-04-08
This court finds that this four-part test is consistent with Eighth Circuit precedent and is a helpful guide for what Brakeall must show to establish his claim that Young and Leidholt promulgated or failed to amend policies that caused an alleged violation of Brakeall’s Eighth Amendment rights.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability without facts showing the supervisor’s specific involvement in the alleged deprivation.
(PC) Cox v. Kernan · filed 2020-04-09
Because there is no supervisory liability and plaintiff has failed to allege facts showing their specific involvement in the hearing, plaintiff has failed to state a claim against Olivas or Lizarraga.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position.
Contreras v. Diaz · filed 2020-04-09
There is no respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability based solely on an employee’s actions; the plaintiff must allege a causal link between the supervisor and the violation.
Bertlemann v. Mulleitner · filed 2020-04-09
Supervisory personnel generally are not liable under § 1983 for the actions of their employees under a theory of respondeat superior; when a named defendant holds a supervisory position, the causal link between them and the plaintiff’s claimed constitutional violation must be specifically alleged. ... Accordingly, Bertlemann alleges insufficient facts to state colorable claims against Espinda, Taylor, or Mulleitner in their individual capacities, and Counts I and II are DISMISSED with leave granted to amend.Read the full opinion on CourtListener →
Section 1983 makes supervisors liable for their own acts, not for their subordinates’ acts merely because they supervise them.
VELEZ v. BROWN · filed 2020-04-09
“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.” Horshaw v. Casper, 910 F.3d 1027, 1029 (7th Cir. 2018). The claim against Warden Brown is dismissed for failure to state a claim upon which relief can be granted.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability; a supervisor’s liability requires a direct causal link to a subordinate’s misconduct.
Lipian v. University of Michigan · filed 2020-04-09
First, respondeat superior liability does not exist under § 1983, and § 1983 liability will attach to a supervisor only where is a “direct causal link” between the supervisor and the acts of subordinates giving rise to liability. Hays v. Jefferson County, 668 F.2d 869, 872 (1982).Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of supervisory responsibilities or failure to act on grievances; liability requires personal involvement in the violation.
Evans v. Chambers-Smith · filed 2020-04-09
The Supreme Court has clearly indicated that neither the doctrine of respondeat superior nor vicarious liability can form the basis of liability for a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor personally participates in a constitutional violation, directs unlawful conduct, or knows subordinates will act unlawfully and fails to stop them.
Rendon v. The Fulton County Sheriff · filed 2020-04-10
Supervisors are liable only if they personally participate in the constitutional violation, direct their subordinates to act unlawfully, or know their subordinates will act unlawfully yet fail to stop them.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a supervisor’s conduct to the injury; naming a supervisor without alleging knowledge or personal participation is insufficient.
Marchant v. Corporal Mendenhall · filed 2020-04-10
There are no allegations in the Complaint showing that any of these supervisors knew of or personally participated in the acts or omissions that caused Plaintiff’s injuries. Therefore, Plaintiff cannot proceed against them.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely for a subordinate’s actions.
GARCIA v. BYRD · filed 2020-04-10
“It is well established that there is no respondeat superior liability under § 1983.” ... Any claim against Warden Brown is dismissed for failure to state a claim upon which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal participation in a rights deprivation; advance notice of a risk of retaliation does not, by itself, establish a supervisor’s liability for later acts by subordinates.
(PC) Howell v. Conrad · filed 2020-04-14
Under § 1983, a plaintiff must demonstrate that each defendant personally participated in the deprivation of rights. ... Accordingly, the court finds that allegations in the complaint are not sufficient to show that Baughman was involved in the alleged rights violations.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional violation or a sufficient causal connection between the supervisor’s own wrongdoing and the violation.
Perez v. Binkele · filed 2020-04-14
The amended complaint does not allege personal involvement in the constitutional violation or a sufficient causal connection to the alleged constitutional violation through Dr. Bass’ own wrongdoing.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of the supervisor’s authority over an employee.
McManus v. Kentucky Department of Corrections · filed 2020-04-14
However, the doctrine of respondeat superior, or the right to control employees, does not apply in § 1983 actions to impute liability onto supervisors.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 one.
Salami 879045 v. Washington · filed 2020-04-14
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 supervisory liability solely because a supervisor denied a grievance or failed to act on information in it.
Torres 296591 v. Schafer · filed 2020-04-14
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’s supervisory liability doctrine does not apply when a plaintiff seeks to hold supervisors liable for their own acts rather than a subordinate’s constitutional violation.
Morgan v. Dzurenda · filed 2020-04-15
Morgan nowhere suggests that Chapdelaine, Godding, or any other defendant improperly allowed a subordinate prison official to commit a constitutional violation. The doctrine of supervisory liability is therefore not implicated.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because a defendant supervises people who allegedly violated a plaintiff’s rights; the plaintiff must link the supervisor’s conduct to the injury.
Higuera v. Glendale, City of · filed 2020-04-15
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. ... Plaintiff has not alleged that Defendant Penzone personally participated in a deprivation of Plaintiff’s constitutional rights, was aware of a deprivation and failed to act, or formed policies that resulted in Plaintiff’s injuries. Thus, the Court will dismiss without prejudice Defendant Penzone.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing a supervisor to allege the supervisor’s personal involvement or a sufficient causal connection between the supervisor’s conduct and the deprivation.
(PC) Cooley v. Sutton · filed 2020-04-15
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. ... But the complaint does not describe any of the warden’s actions. This is not sufficient to state a claim.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely for a subordinate’s actions; the supervisor’s own conduct must be linked to the alleged constitutional violation.
(PC) Embrey v. Walik · filed 2020-04-15
Moreover, plaintiff’s general allegations against former CSP-SAC Warden Baughman do not support liability. A supervisor cannot be held liable for the actions of a subordinate under a respondeat superior theory; a supervisor can only be liable for his or her own misconduct.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely for another person’s actions; liability requires personal involvement or a sufficient causal connection to the constitutional violation.
Wimberly v. Cuevas · filed 2020-04-15
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 does not impose liability on a supervisor merely because of that supervisory position; the defendant must personally cause or participate in the deprivation.
McDonald v. McLaughlin · filed 2020-04-15
There is no respondeat superior under 1983 and Defendant is not responsible merely due to her supervisory position over others.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting a particular supervisor to the alleged constitutional violation; conclusory allegations of supervisory liability are insufficient.
Flowers v. Baca · filed 2020-04-15
Plaintiff's inclusion of conclusory language to attempt to impose supervisory liability on unidentified defendants is insufficient. Plaintiff must include factual allegations that support a claim against a supervisor defendant and connect those factual allegations to a particular defendant.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely because of their position; they must at least implicitly authorize, approve, or knowingly acquiesce in unconstitutional conduct.
LaBean v. Ward · filed 2020-04-16
The doctrine of respondeat superior does not apply in § 1983 lawsuits to impute liability onto supervisory personnel, see Monell v. Department of Social Services of New York, 436 U.S. 658, 691-95 (1978), unless it is shown that “the official at least implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct . . .” Hays v. Jefferson County, Ky., 668 F.2d 869, 874 (6th Cir. 1982).Read the full opinion on CourtListener →
Section 1983 does not make supervisory officials vicariously liable for their subordinates’ actions.
Prescott v. Abbott · filed 2020-04-17
To the extent Prescott argues that Abbott, Patrick, and Wainwright are liable for actions of their subordinates, supervisory officials may not be found vicariously liable under § 1983 for such actions.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s active involvement in unconstitutional conduct; merely creating the circumstances in which another officer uses force is insufficient.
Graves v. Malone · filed 2020-04-17
There are separate tests for supervisory liability and liability for failure to protect: Supervisory liability, in the § 1983 context, requires “more than an attenuated connection between the injury and the supervisor’s alleged wrongful conduct.” ... Instead, “supervisory liability requires some ‘active unconstitutional behavior’ on the part of the supervisor.”Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of their supervisory position.
(PC) Garcia v. Jones · filed 2020-04-17
And he cannot hold Jones liable based solely on his supervisory position because there is no respondeat superior liability in a 1983 action.Read the full opinion on CourtListener →
Section 1983 permits personal liability for a supervisor only when the supervisor was personally involved in the constitutional violation or sufficiently connected to it through wrongful conduct.
Torres v. Superior Court of California County of Riverside · filed 2020-04-17
A supervisory official may be personally liable under Section 1983 only if he was personally involved in the constitutional violation or if there was a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires personal participation in the alleged violation; supervisory status alone does not establish liability.
Cobbs v. Ellington · filed 2020-04-17
Plaintiff appears to name Defendants Lassiter, Ishee, Marshall, Hooks, Waddell, Whitener, and Cooper only in their supervisory capacity. Because Plaintiff’s allegations are not of the type or scope that could implicate personal participation by these Defendants, they will be dismissed as Defendants in this matter. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978) (stating that under § 1983, liability is personal in nature, and the doctrine of respondeat superior does not apply).Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a complaint plausibly alleges that supervisors directly participated in unconstitutional conduct or knowingly approved or acquiesced in it.
Yerkes v. Ohio State Highway Patrol · filed 2020-04-17
The relevant inquiry is whether Plaintiff sufficiently pleaded that the Individual Defendants directly participated in the alleged discrimination; that is, whether they “at least implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct of the offending officers.” Shehee, 199 F.3d at 300. ... These alleged facts, taken as true at this stage of the litigation, lead to the conclusion that Plaintiff has sufficiently pleaded supervisor liability against the Individual Defendants.Read the full opinion on CourtListener →
Section 1983 requires facts linking a supervisor to the alleged violation; generalized allegations about staff misconduct do not establish supervisory liability.
Lombardo v. Graham · filed 2020-04-20
These generalized allegations are insufficient to show that Graham participated in the delay in Lombardo’s medical treatment, that he was grossly negligent in supervising medical staff, that he had created or allowed a policy of delaying treatment, or that he was aware of the delay in Lombardo’s treatment and failed to intervene.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on a supervisor; individual liability requires personal involvement or direct responsibility for a constitutional violation.
Haynes v. City of Alpena · filed 2020-04-20
There is no vicarious liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their position; liability requires personal involvement in the deprivation or a sufficient causal connection to it.
(PC) Kilgore v. Compton · filed 2020-04-20
No defendant can be liable merely because he or she held a position of general authority or was responsible for supervising others; there is no respondeat superior liability under Section 1983. ... The complaint contains no allegations that would support the liability of any supervisor or prison administrator.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in, or a sufficient causal connection to, a constitutional violation; supervisory status alone does not create liability.
Asberry v. Foss · filed 2020-04-20
Under no circumstances is there respondeat superior liability under section 1983. ... Further, the complaint names a supervisory official (Defendant Foss), against whom liability is alleged solely in their respondent superior capacity, which is improper.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability solely because a defendant is responsible for another person’s actions or omissions.
Rodriguez v. Newsom · filed 2020-04-20
There is, however, no respondeat superior liability under section 1983 solely because a defendant is responsible for the actions or omissions of another.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in an alleged constitutional deprivation; supervisory status alone does not establish personal liability.
McClain v. Semple · filed 2020-04-20
“A prison official cannot be personally liable under § 1983 on the basis of respondeat superior or simply because he is atop the prison hierarchy. Rather, a prison official must have some degree of personal involvement in an alleged constitutional deprivation to be personally liable.” ... Mr. Mcclain has not alleged that either Commissioner Semple or Warden Erfe was personally involved in the alleged constitutional deprivation at issue here.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely because of their supervisory roles.
Richmond v. Brookhart · filed 2020-04-20
Respondeat superior liability is not recognized under Section 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.
Nelson 630619 v. Shaffer · filed 2020-04-20
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 supervisor liable for an employee’s actions solely because of the supervisory relationship.
BROWN v. WARDEN OF CUMBERLAND COUNTY JAIL · filed 2020-04-20
A plaintiff cannot hold a supervisor liable for the actions of his employees solely on a respondeat superior theory under § 1983.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of their supervisory role; liability requires personal involvement or a sufficient causal connection to the constitutional violation.
Kelsey v. Cain · filed 2020-04-20
The fact that Mr. Cain was a supervisor, by itself, does not render him vicariously liable under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability for a subordinate’s conduct alone; a supervisor must personally participate in the deprivation or implement an unconstitutional policy that causes injury.
Sanchez v. Moore · filed 2020-04-21
There is no vicarious or respondeat superior liability of supervisors under section 1983. ... Accordingly, the Court adopts the recommendation that Plaintiff’s claims against Sifuentes in his supervisory capacity be dismissed for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors based solely on their positions; a plaintiff must allege that they participated in a violation or knew of it and failed to prevent it.
(PC) Powell v. Paulin · filed 2020-04-21
Plaintiff cannot impose liability on the supervisory personnel based solely on their positions. In order to state a claim against these defendants, plaintiff must state facts showing that they participated in the violations or knew of the violations and failed to act to prevent them.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when the supervisor personally participates in a constitutional violation or has a causal connection to it.
Hurst v. Flesher · filed 2020-04-21
Supervisor liability arises only “when the supervisor 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 deprivation.”Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely for the acts of their subordinates.
Clanton v. Dennison · filed 2020-04-21
First, Clanton cannot pursue relief against Dennison or the John Doe Defendants based solely on their supervisory roles at the prison. Respondeat superior liability is not recognized under Section 1983.Read the full opinion on CourtListener →
Supervisory liability under § 1983 requires allegations of personal involvement; conclusory claims that an official failed to supervise, train, or discipline subordinates are insufficient.
Griffin v. Graf · filed 2020-04-21
Such allegations are insufficient to allege supervisory liability under § 1983 and, thus, Plaintiff’s claims against Sticht and Koenigsmann are dismissed with prejudice.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged wrong; oversight of staff alone does not establish liability.
Dunlap v. Nicklow · filed 2020-04-21
Deputy Superintendent Baumbach’s “oversight” of staff is insufficient to impose liability on him for the alleged failed staffing patterns where the assault took place or for assigning the specific individuals to the posts between the dining hall and Plaintiff’s housing unit.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because a person holds a supervisory position.
Coleman v. Scott · filed 2020-04-22
Moreover, an individual cannot be held liable under § 1983 based on that person’s supervisory position alone.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability solely because a supervisor oversees subordinates; the supervisor must personally participate in the alleged violation or be causally connected to it.
HUNTER v. RIVERBEND CORRECTIONAL FACILITY · filed 2020-04-22
“[i]t is well established in this Circuit that supervisory officials are not liable under § 1983 for the unconstitutional acts of their subordinates on the basis of respondeat superior or vicarious liability. Instead, supervisory liability under § 1983 occurs either when the supervisor personally participates in the alleged unconstitutional conduct or when there is a causal connection between the actions of a supervising official and the alleged constitutional deprivation.” ... Hunter does not allege facts indicating that Defendant Bailey personally participated in the alleged deprivation of medical treatment or that she was causally connected to it.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor’s actions or inactions have a causal connection to an alleged constitutional violation.
Roca-Moreno v. Jones · filed 2020-04-24
However, a supervisor may be held liable where there is a causal connection between the alleged constitutional violation and actions or inactions of the supervisor.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability; a supervisor must be personally involved in the constitutional violation.
Shelley v. Dotson · filed 2020-04-28
As is well-established, there is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability for a subordinate’s conduct; a supervisor is liable only for their own actions.
Boyd v. Sheffler · filed 2020-04-28
As mentioned in the Merit Review Order, there is no supervisory liability under Section 1983. Supervisors can only be held liable for their own personal actions and “are not liable for the errors of their subordinates.”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.
Sanders 305405 v. McCauley · filed 2020-04-28
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 permits a supervisory liability claim when a supervisor’s deliberately indifferent order is affirmatively linked to a subordinate’s alleged constitutional violation.
Wilson v. City of Mission · filed 2020-04-29
Officer Rodriguez handing Officer Solis a shotgun, then ordering Officer Solis to contemplate the use of deadly force to gain compliance by whatever means necessary is sufficient to affirmatively link Officer Solis’s alleged misconduct in using the shotgun with Officer Rodriguez’s order. Therefore, the proposed amended complaint would not be futile. The Court GRANTS Plaintiff’s motion for leave to file an amended complaint to the extent that Plaintiff sets forth allegations and claims under 42 U.S.C. § 1983 against Defendant Teodoro Rodriguez for supervisory liability.Read the full opinion on CourtListener →
Section 1983 requires facts showing a supervisor’s personal involvement in a constitutional injury; supervisory responsibility alone does not establish liability.
Atherley v. Kernan · filed 2020-04-29
Without “further factual enhancement” to show how, or to what extent, Defendants Paramo, Kernan, or Asuncion may be held personally liable for any constitutional injury, the Court finds Plaintiff’s claims against them must necessarily rest on a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a supervisor’s own involvement in a constitutional violation; supervisory status alone does not establish liability.
St. Sauver v. Byrd-Hunt · filed 2020-04-29
However, “vicarious liability is inapplicable to … § 1983 suits, [and] a plaintiff must plead that each Government-official defendant, through [his] own individual actions, has violated the Constitution,” in order to plead a plausible claim for relief.Read the full opinion on CourtListener →
Section 1983 does not impose personal liability based solely on supervisory status.
Hill (ID 102665) v. Werholtz · filed 2020-04-29
To the extent Plaintiff seeks to rely on the supervisory status of the Warden and KDOC Secretary, Plaintiff fails to allege sufficient supervisory liability.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely because of the supervisor’s position.
Escobar v. Moyer · filed 2020-04-29
Moyer cannot be held liable simply because he occupied a supervisory position, as the doctrine of respondeat superior does not apply to § 1983 claims.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on supervisors.
Morris v. State of California · filed 2020-04-30
The Court has also already dismissed Warden Robertson and Secretary Diaz from this action with prejudice because there is no respondeat superior liability in a § 1983 action.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement or a causal connection to the constitutional injury; a warden’s position alone does not establish liability.
Jimenez v. Warden Christensen · filed 2020-04-30
There are no allegations in the Complaint showing that he knew of or personally participated in the conditions that led to the attack, and it is implausible to assert that the warden of a prison is involved in every prisoner’s cell assignment. If Christensen merely responded to Plaintiff’s grievance after the attack, he has no liability, as there was no way for him to prevent the attack after the fact. Therefore, Plaintiff cannot proceed against him at this time.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely because of their positions; they must know of the unconstitutional conduct and facilitate, approve, condone, or deliberately ignore it.
Walston v. Baldwin · filed 2020-04-30
Ultimately, in order to be liable, “[s]upervisors must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see.” Jones v. City of Chicago, 856 F.2d 985, 992 (7th Cir. 1988); Sanville v. McCaughtry,266 F.3d 724, 740 (7th Cir. 2001); Chavez v. Ill. State Police, 251 F.3d 612, 651 (7th Cir. 2001).Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on a warden merely for supervising correctional officers.
Ellison v. Evans · filed 2020-04-30
There is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely because they oversee an employee; a claim also requires an underlying constitutional violation.
Holland v. Johnson · filed 2020-05-01
To the extent Plaintiff names them in their capacities as supervisors of Defendant Johnson, he does not state a plausible claim for relief because he fails to state an underlying constitutional violation against Defendant Johnson and the Eleventh Circuit has rejected respondeat superior as a theory of liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a supervisory defendant personally to the alleged constitutional violation.
Garcia v. Idaho State Correction Center · filed 2020-05-01
There are no allegations in the Complaint showing that he knew of or personally participated in the conditions that led to the attack.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely for a subordinate’s conduct.
Tucker v. Watson · filed 2020-05-01
The doctrine of respondeat superior (supervisor liability) does not apply to actions filed under §1983.Read the full opinion on CourtListener →
Section 1983 does not impose general respondeat superior liability on a supervisor.
Walters v. Liaw · filed 2020-05-01
There is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts showing a supervisor’s own involvement in unconstitutional conduct; supervisory status alone is insufficient.
Fowler v. Sisolak · filed 2020-05-01
Fowler’s general, conclusory allegation at the beginning of the FAC that all supervisors had complete knowledge of all the allegations in the complaint is insufficient to state a colorable claim of supervisory liability. Rather, Fowler must allege specific facts demonstrating which supervisor(s) had knowledge of the specific allegations at issue and acquiesced in the unconstitutional conduct of his or her subordinates.Read the full opinion on CourtListener →
Section 1983 does not support a supervisory liability claim without an underlying constitutional violation.
GRAY v. WITTMAN · filed 2020-05-01
Here, because Gray has failed to allege a constitutional violation, he likewise cannot state a supervisory liability claim under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely for a supervisory role; an individual defendant must be personally responsible for the constitutional deprivation.
Russell v. Marconi · filed 2020-05-04
The doctrine of respondeat superior is not recognized under Section 1983; 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 supervisory liability based on inadequate training requires evidence that the supervisor knew the training created an unreasonable risk of harm.
TALLEY v. GILMORE · filed 2020-05-04
The Court finds that Talley has produced no evidence from which a reasonable fact finder could find that any allegedly inadequate mental health training created an unreasonable risk of harm that was known to Wetzel. Thus, summary judgment will be granted to Wetzel on Talley’s § 1983 claims.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires a supervisor’s knowledge of a pervasive risk of constitutional injury, an inadequate response showing deliberate indifference or tacit authorization, and a causal link to the plaintiff’s injury.
Walker v. Kanode · filed 2020-05-05
Lastly, Walker’s claims of supervisory liability against Davis and Clarke fail. ... Not only has Walker failed to otherwise state a constitutional violation, as already discussed, but he also has wholly failed to state any facts on which Davis or Clarke could be liable under such a theory.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing a supervisor’s personal involvement or a sufficient causal connection to the constitutional violation; an assertion that the supervisor knew or should have known of a subordinate’s conduct is insufficient.
Mosteiro v. Simmons · filed 2020-05-05
For example, allegations that Sheriff Moore knew or should have known about Simmons’ conduct or of the retaliatory acts against Plaintiff are insufficient to demonstrate personal involvement on the part of Sheriff Moore.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because of a subordinate’s conduct.
Stapleton v. Nawoor · filed 2020-05-05
The mere fact that a defendant was a supervisor is insufficient to establish liability because the doctrine of respondeat superior (supervisor liability) does not apply to actions filed under 42 USC §1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation; a supervisor is not liable solely for employing or supervising the person who committed it.
Johnson v. City of New York · filed 2020-05-05
A defendant may not be held liable under § 1983 solely because that defendant employs or supervises a person who violated the plaintiff’s rights. ... Plaintiff does not allege any facts showing that Defendant Hansell was personally involved in the events underlying Plaintiff’s claims. The allegations thus fail to state a claim on which relief may be granted against Defendant Hansell in his personal capacity.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting a supervisor’s own conduct to a constitutional violation; supervisory status alone does not establish liability.
Himes v. Garcia · filed 2020-05-06
There is no respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because of the supervisor's position.
Spencer v. Awaba · filed 2020-05-06
In addition, a Defendant cannot be liable under 42 U.S.C. §1983 simply because he was a supervisor.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a sheriff solely because he supervises jail staff.
Weiss v. Easter · filed 2020-05-06
And, to the extent Plaintiff premises his claims against Sheriff Easter entirely on his supervisory capacity, Sheriff Easter cannot be liable under § 1983 solely on a respondeat superior basis and there are no facts plausibly suggesting notice of a pattern of unconstitutional conduct.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because they were in charge; they must be personally involved in the alleged violation.
Harper v. Ojelade · filed 2020-05-07
Plaintiff cannot sue these individuals just because they were in charge.Read the full opinion on CourtListener →
Section 1983 does not impose liability solely because a defendant supervises others.
Joiner v. Larson · filed 2020-05-07
Additionally, Clark cannot be held liable solely because he is the internal affairs supervisor, as liability under Section 1983 cannot be established by the mere fact that a defendant is a supervisor.Read the full opinion on CourtListener →
Section 1983 does not impose liability based solely on a defendant’s supervisory role; liability requires personal responsibility for the constitutional deprivation.
Hinant v. Saline County Jail · filed 2020-05-07
The doctrine of respondeat superior does not apply to Section 1983 actions. Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001). Section 1983 liability hinges on personal responsibility for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on a supervisor for failure to train or supervise without an underlying constitutional violation.
Ferrell v. Fitzpatrick · filed 2020-05-07
A claim for failure to train or supervise “will automatically fail for lack of an underlying constitutional violation.” ... The court concluded above that COs Ulrich, Fitzpatrick and Monte Droppers did not violate plaintiff’s constitutional rights. See supra Section IV.A.1. Sheriff Merwin cannot be liable for failing to train or supervise the officers.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because the supervisor controls the employees involved.
Hancock v. Wilburn · filed 2020-05-08
The doctrine of respondeat superior, or the right to control employees, does not apply in § 1983 actions to impute liability onto supervisors.Read the full opinion on CourtListener →
Section 1983 does not permit vicarious liability against a supervisor solely for an officer’s actions.
Craft v. Billingslea · filed 2020-05-08
Accordingly, Plaintiffs cannot pursue a theory of vicarious liability as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each supervisory defendant’s own conduct to the claimed constitutional violation; a job title alone does not establish liability.
Norvell v. Roberts · filed 2020-05-11
Plaintiff’s Complaint is simply devoid of any factual allegations sufficient to show that either Dr. Roberts or Warden Pollard “participated in or directed [Dr. King’s alleged] violations or knew of the violations and failed to act to prevent them.”Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for their subordinates’ actions solely through vicarious liability or respondeat superior.
Babineaux v. Garber · filed 2020-05-11
As indicated above, supervisory officials cannot be held liable under §1983 for the actions of their subordinates on any theory of vicarious or respondeat superior liability.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a supervisor to a constitutional violation through participation, direction, or knowing failure to act.
Foley v. Teuton · filed 2020-05-12
The district court properly dismissed Foley’s claims against defendant Grierson because Foley failed to allege facts sufficient to demonstrate Grierson personally participated in the violation of any constitutional right.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their positions.
Kocher v. Myers · filed 2020-05-12
And in the case of defendants who are in supervisory positions, the doctrine of respondeat superior is not applicable to Section 1983 actions.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.
Conley v. Hess · filed 2020-05-12
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 personal liability on a supervisor based solely on a failure to act.
Hollis v. Erdos · filed 2020-05-12
Second, while Hollis and Pascol allege the Warden failed to act, this is not enough to hold him liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a supervisory official to be personally involved in unconstitutional conduct before the official can be held personally liable.
Pugh v. Erdos · filed 2020-05-12
To hold a supervisory official personally liable under § 1983, a plaintiff must demonstrate that the official actively engaged in some unconstitutional behavior.Read the full opinion on CourtListener →
Section 1983 requires a supervisory defendant’s personal involvement or acts causally connected to a constitutional violation.
Vineyard v. University Health Systems · filed 2020-05-14
Vineyard’s claims against the supervisory officials are frivolous because he did not allege personal involvement on the part of each individual defendant or that some acts by each were causally connected to a constitutional violation.Read the full opinion on CourtListener →
Section 1983 holds supervisors liable for their own acts, not merely for the acts of their subordinates.
FORD v. YELLY · filed 2020-05-14
Any claim against Sheriff Myers is dismissed. ... But "[l]iability 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." Horshaw v. Casper, 910 F.3d 1027, 1029 (7th Cir. 2018) (citations omitted).Read the full opinion on CourtListener →
Section 1983 requires personal involvement or direct responsibility for a rights violation; a supervisory position alone does not establish liability.
Joseph v. Wheeler · filed 2020-05-14
Plaintiff cannot hold the MDOC defendants liable simply because they held supervisory or administrative positions at MCC.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor maintains a policy or custom that causes a constitutional violation and acts with deliberate indifference.
Young v. Glanz · filed 2020-05-14
For the reasons set forth above, a reasonable jury could find upon the summary judgment record that Glanz is liable under a supervisory liability theory. Accordingly, summary judgment is inappropriate as to that claim.Read the full opinion on CourtListener →
Supervisory liability under § 1983 requires evidence that the supervisor knew of a subordinate’s conduct posing a pervasive risk of constitutional injury and that the supervisor’s inaction caused the plaintiff’s injury.
Anderson v. South Carolina Department of Corrections · filed 2020-05-14
As to Plaintiff’s supervisory liability and failure to train allegations, the Magistrate Judge ... 4 ... determined that Plaintiff failed to offer any evidence that Warden Lewis knew a subordinate was engaged in conduct that posed a pervasive and unreasonable risk of constitutional injury, and that there was an affirmative causal link between his inaction and Plaintiff’s injury. ... The court concurs in the detailed Report and Recommendation and incorporates it herein by reference.Read the full opinion on CourtListener →
Section 1983 does not permit claims against supervisors based solely on vicarious liability or respondeat superior.
Garrett v. Corizon LLC · filed 2020-05-15
As to whether the Estate actually has alleged a constitutional violation, it is well established that § 1983 claims cannot be brought against supervisory officials based on vicarious liability or respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable merely because they employed or supervised someone who violated a person’s rights.
Love v. Indiana Dept of Correction · filed 2020-05-15
To the extent Love is alleging these defendants did not properly supervise Officer Albright, there is no general respondeat superior liability under 42 U.S.C. § 1983, and they cannot be held liable simply because they employed or supervised Officer Albright.Read the full opinion on CourtListener →
Section 1983 supervisory liability cannot rest on respondeat superior; a plaintiff must allege facts supporting the supervisor’s own liability.
Berryman v. Stein · filed 2020-05-15
While Berryman appears to recognize that supervisor liability under § 1983 cannot be predicated on the theory of respondeat superior, she has provided nothing more than conclusory allegations to support her claim.Read the full opinion on CourtListener →
Section 1983 requires a supervisory liability complaint to connect the supervisor’s own conduct to the alleged constitutional violation; supervisory status alone is insufficient.
Harvey v. Butcher · filed 2020-05-18
Simply stating that Mr. Squires is liable by virtue of his position as a supervisor and policymaker does not meet the pleading requirements for a supervisory liability claim brought under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose general respondeat superior liability on supervisors.
Gerber v. Elkhart County Correctional · filed 2020-05-18
Two of the defendants, Sheriff Brad Rodgers and Warden Dan Edwards, are supervisors, but there is no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a supervisor’s personal involvement in the unconstitutional conduct; supervisory status alone does not create liability.
Bell v. State of Michigan Administrative Board of Claims · filed 2020-05-18
Thus, the plaintiff in this case cannot hold Director Washington, Warden Lindsey, or Corrections Officer Curtis liable under § 1983 for the conduct of an employee or subordinate because he does not allege that they were personally involved in the allegedly unconstitutional behavior.Read the full opinion on CourtListener →
Section 1983 permits a claim against a prison supervisor only when the supervisor was personally involved in the constitutional deprivation or the supervisor’s wrongful conduct had a sufficient causal connection to it.
Pinkston v. Hall · filed 2020-05-18
Thus, supervisory prison officials may be liable for a § 1983 violation only if they either were personally involved in the constitutional deprivation or if there is 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 solely because of that position; the plaintiff must connect the supervisor’s own conduct to the alleged injury.
Luke 130646 v. Arizona, State of · filed 2020-05-19
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 does not impose liability on a state actor solely because its employees or agents caused an injury.
Frazier v. Graves · filed 2020-05-19
In general, state actors may not be sued under § 1983 for an injury inflicted solely by its employees or agents on a respondeat superior theory of liability.Read the full opinion on CourtListener →
Section 1983 requires facts linking a supervisor to the alleged constitutional violation; supervisory status alone does not establish liability.
(PC) Price v. Sherman · filed 2020-05-19
Supervisory personnel are generally not liable under section 1983 for the actions of their employees under a theory of respondeat superior and, therefore, when a named defendant holds a supervisory position, the causal link between him and the claimed constitutional violation must be specifically alleged. ... Plaintiff has failed to plead a cognizable claim against Warden Sherman.Read the full opinion on CourtListener →
Section 1983 permits a claim against supervisors whose conduct is sufficiently connected to a plaintiff’s continued detention after an allegedly unlawful arrest.
DUNN v. CITY OF FORT VALLEY · filed 2020-05-19
These facts, at the earliest of stages in the litigation, effectively state a claim against the supervisors because they potentially demonstrate that a “sufficient connection exists” between their conduct and Mr. Dunn’s continued detention.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor maintains a policy or custom with deliberate indifference that directly causes constitutional harm.
SOTO v. STATE OF NEW JERSEY · filed 2020-05-19
Finally I will grant the motion to dismiss as to the § 1983 claim premised on the policy, practice, or custom of retaliating against plaintiff. ... Here, Plaintiff provides only conclusory allegations that Moving Defendants have a policy, practice, or custom of retaliating against him, and he fails to plead a cognizable retaliation claim in the first instance. As such, this claim is dismissed.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only for acts the supervisor personally directs or authorizes.
Slaughter v. Lutsey · filed 2020-05-20
Lutsey did not examine or treat Slaughter, and she may be liable as a supervisor only for acts that she personally directed or authorized.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional violation; supervisory status or knowledge of a grievance alone does not establish liability.
Harris v. Parker (PSLC1) · filed 2020-05-20
Plaintiff provides no facts to support a finding that these Defendants authorized, approved, acquiesced, or directly participated in any violation of his constitutional rights as required to state a claim against them for violation of §1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of a subordinate’s actions.
Broadway v. Greenway · filed 2020-05-20
However, it is well-established that the doctrine of respondeat superior does not apply in § 1983 claims.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for an employee’s conduct; the plaintiff must specifically allege a causal link between the supervisor and the constitutional violation.
(PC) Robinson v. Owens · filed 2020-05-21
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. ... Here, plaintiff simply alleges that Ponder, Sullivan, and Gates have supervisory authority, apparently over defendant Owens. That conclusory statement does not show what each of these defendants did that caused plaintiff harm.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires an underlying constitutional violation.
Rivera v. Semple · filed 2020-05-21
Where the court has dismissed the underlying constitutional claims, a claim for supervisory liability premised on the same facts is not cognizable.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires an underlying constitutional violation; without one, a negligent supervision claim cannot survive.
Szuszalski v. Fields · filed 2020-05-21
Again, the Court found that no substantive due process violation occurred, so no negligent supervision claim can survive.Read the full opinion on CourtListener →
Section 1983 requires a supervisor sued in an individual capacity to have been personally involved in the alleged constitutional deprivation.
Martinez v. DeMarco · filed 2020-05-21
In reviewing both of Plaintiff’s complaints, all of the alleged incidents involved lower-level corrections officers, and nowhere does Plaintiff allege that either Sheriff DeMarco or Warden Ewald was “personally involved in the alleged” constitutional violations.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because a subordinate violated a plaintiff’s rights.
(PC) Brown v. Woodward · filed 2020-05-22
However, section 1983 does not impose liability on a supervisor simply because her subordinate has violated Plaintiff’s rights.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.
Hudson v. Metzger · filed 2020-05-22
There is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely because of their positions; each defendant must be personally involved in the alleged violation.
Miranda v. Madden · filed 2020-05-26
As CEN’s Warden and CEO of Health Care, Madden and Reilly cannot be held liable simply because they are “legally responsible for the health care operations of CEN” and for the “welfare … of all inmates.” See FAC at 12 ¶¶ 4‒5. “Because vicarious liability is inapplicable to […] § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability for misconduct a supervisor learned about only after it occurred.
Chavez v. Bailey · filed 2020-05-27
Similarly, the facts in the record do not disclose any basis for imputing supervisory liability against any VDOC defendant under § 1983. ... First, there is no evidence to support that any of the VDOC Defendants had any knowledge before the June 1 “attack” that Dr. Bailey posed an unreasonable risk of constitutional injury. Accordingly, there is nothing to causally link any inaction by the VDOC Defendants to Chavez’s injury on June 1.Read the full opinion on CourtListener →
Section 1983 does not impose damages liability on prison supervisors based solely on their positions of authority.
Warwick v. Lichtenstein · filed 2020-05-27
Warwick’s allegations establish only that these supervisory defendants had high-level responsibility for individuals in DOC custody and the provision of healthcare. This, standing alone, is insufficient to state a section 1983 claim for damages under a supervisory theory of liability.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on supervisors.
Wiggins v. Baldwin · filed 2020-05-27
Respondeat superior liability is not actionable under § 1983.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability for failure to supervise only when the officer encouraged the specific misconduct or directly participated in it.
Laws v. Brooks · filed 2020-05-27
An officer may be liable under § 1983 for a failure to supervise only if they “either encouraged the specific incident of misconduct or in some other way directly participated in it.” ... Plaintiff has made no allegations against Sgt. Smith that would give rise to any liability for failing to protect Plaintiff, and therefore, Plaintiff has failed to state a failure-to-protect claim against Sgt. Josh Smith.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in a constitutional violation or a causal connection between the official’s actions and the violation.
Greer v. Fowler · filed 2020-05-27
In order for a prison official to be found liable under § 1983, the official must have been personally and directly involved in conduct causing an alleged deprivation of an inmate’s constitutional rights or there must be a causal connection between the actions of the official and the constitutional violation sought to be redressed.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability claims based on deficient policies or a failure to train or supervise when the allegations sufficiently connect those failures to a constitutional injury.
POLYNICE v. NEW JERSEY DEPARTMENT OF CORRECTIONS · filed 2020-05-28
At this early stage, and in the absence of specific arguments by the State Defendants, the Court finds that the supervisory liability claims against Administrator George Robinson premised on deficient policymaking and/or failure to train/supervise are sufficient to survive a motion to dismiss.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor implements an unconstitutional policy that causes a rights violation or fails to supervise with deliberate indifference.
Brown v. Jones County Junior College · filed 2020-05-28
The Court finds that Plaintiffs have pled facts sufficient to establish liability under either the “implementing an unconstitutional policy” or the “failure to supervise” bases of liability against Defendants Smith and Magee.Read the full opinion on CourtListener →
Section 1983 does not make a government official liable solely because the official supervises those responsible for an alleged constitutional violation.
Havens v. Tallahatchie County Sheriff's Department · filed 2020-05-28
A plaintiff proceeding under 42 U.S.C. § 1983 cannot establish that a government official violated the plaintiff’s constitutional rights simply by virtue of the official’s role as a supervisor.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires allegations that the supervisor was responsible for the challenged conditions.
Wade v. Luerre · filed 2020-05-28
Additionally, Plaintiff’s claims for supervisor liability as to Defendant Raymos fail because Plaintiff did not allege Raymos was responsible for any of the conditions complained of.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely for their employees’ actions; the complaint must allege a causal link between the supervisor and the violation.
Alexander v. Diaz · filed 2020-05-29
“Supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior.”Read the full opinion on CourtListener →
Section 1983 supervisory liability requires plausible allegations that a supervisor knew of a pattern of unconstitutional acts by subordinates.
Foster v. Litman · filed 2020-05-29
While Plaintiff has added more allegations with respect to Sheriff Litman, he has not adequately alleged a supervisory liability claim under § 1983 because the proposed amended complaint fails to plausibly allege that Sheriff Litman had notice of a pattern of unconstitutional acts committed by Deputy Phinney (or other deputies, for that matter) related to the transport and/or restraint of civil committees that would show that Sheriff Litman (as Deputy Phinney’s supervisor) personally knew of the actions of his subordinates.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a government official solely because the official supervises someone who violated a person’s rights.
Smith v. Parker · filed 2020-06-01
A government official cannot be held liable under § 1983 solely on the basis of respondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional violation or a sufficient causal connection between the supervisor’s conduct and the violation.
Nelson v. Thurston County · filed 2020-06-01
Nelson cannot establish personal involvement or a causal connection between Snaza and Ditrich’s alleged use of excessive force.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor for failing to supervise an employee unless the supervisor implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct.
Booth v. Ms. Geary · filed 2020-06-01
A supervisor’s failure to supervise, train or control an employee is not actionable under § 1983, unless the plaintiff shows “the official at least implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct . . .” Hays v. Jefferson County, Ky., 668 F.2d 869, 874 (6th Cir. 1982).Read the full opinion on CourtListener →
Section 1983 generally does not make supervisors liable solely because they supervise employees who violate constitutional rights.
Hardaway v. Myers · filed 2020-06-01
Yet, the doctrine of respondeat superior is generally not applicable to § 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability through respondeat superior; a plaintiff must show an affirmative link between the supervisor and the constitutional violation.
Turner v. Alpine School District · filed 2020-06-02
“Section 1983 does not authorize liability under a theory of respondeat superior.”... “The plaintiff therefore must show an ‘affirmative link’ between the supervisor and the constitutional violation.”... These allegations are simply insufficient to state a claim against these Defendants and they will be dismissed.Read the full opinion on CourtListener →
Section 1983 permits a claim against a supervisor only when the supervisor was personally involved in the constitutional deprivation.
Rivers v. Jenson · filed 2020-06-02
To hold a supervisor liable under §1983, the plaintiff must show that the supervisor was personally involved in the constitutional deprivation—if it occurred at the supervisor’s direction or with her knowledge or consent. ... The plaintiff has not made such allegations against Marchant/Meli.Read the full opinion on CourtListener →
Section 1983 does not make government officials liable for their subordinates’ conduct or omissions solely because they supervise them.
Hollins v. Miller · filed 2020-06-03
In section 1983 suits, government officials are held liable for neither the conduct nor the omissions of their subordinates solely on a theory of vicarious liability. The Court therefore DISMISSES Plaintiffs claims against Defendants Warden, Andrew, Gruver, and Dean.Read the full opinion on CourtListener →
Notes 47401–47550 of 71,725, oldest cases first.
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