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 requires facts connecting a supervisor’s own conduct to the alleged violation; supervisory status alone does not create liability.
Allen v. Tewalt · filed 2020-10-07
Plaintiff has stated no allegations showing that the Director of the IDOC knew of the violations at the time of their occurrence or was actually involved in all of the many alleged civil rights violations in the Complaint. A supervisor cannot be held liable for employee’s actions simply because Plaintiff sent him a letter or grievance or the supervisor reviewed and denied a grievance.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal participation in, or a sufficient causal connection to, a constitutional violation; allegations of decision, funding, and policy authority over medical care can support a claim at the pleading stage.
Ramos v. CCDC · filed 2020-10-07
A defendant is liable under 42 U.S.C. § 1983, the claim Plaintiff asserts in this instant case, “only upon a showing of personal participation by the defendant.” ... The Court finds that Plaintiff’s allegation that King and Wells had decision, funding, and policy making authority with respect to CCDC’s medical services is plausible on its face, and therefore survives this motion to dismiss.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a supervisor’s policy to the claimed injury.
Loveland, David v. Hoffman · filed 2020-10-08
However, plaintiff does not identify any policies implemented by Greer or Huenke that caused Dr. Hoffman to prescribe an extra dose of metoprolol to him or that caused the delay in his receiving his medications after returning from the hospital.Read the full opinion on CourtListener →
Section 1983 allows supervisory liability when a supervisor knows of subordinates’ unconstitutional conduct and fails to stop it.
Calhoon v. City of South Lake Tahoe · filed 2020-10-08
If taken as true as required, plaintiff’s factual allegations show Sergeant Cabral knew of unconstitutional conduct by his subordinates and did not terminate these actions, satisfying each of the elements of a successful supervisory liability claim.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for employing or supervising someone who violated a plaintiff’s rights.
McNaughton v. de Blasio · filed 2020-10-08
A defendant may not be held liable under Section 1983 solely because that defendant employs or supervises a person who violated the plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged constitutional violation; speculation about an unconstitutional policy does not establish that involvement.
Walker v. Greystone Programs Inc. · filed 2020-10-08
Plaintiff is required to allege that Defendant Miranda was personally involved in a constitutional violation. ... But Plaintiff has not plausibly alleged any facts that would support even the inference of the existence of such a policy. Such a claim is purely speculative, and as such cannot form the basis for alleging Defendant Miranda’s personal involvement.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability solely because an official failed to act or should have done more.
WEBER v. ERIE COUNTY · filed 2020-10-08
Moreover, supervisory liability under § 1983 may not be premised solely on allegations that the defendant official failed to act or should have done more.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between each defendant’s conduct and the plaintiff’s injury; supervisory status alone does not create liability.
Rivera v. Sheppard · filed 2020-10-09
There is no respondeat superior liability under § 1983, and therefore, a defendant’s position as the supervisor of persons who allegedly violated Plaintiff’s constitutional rights does not impose liability.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in an alleged constitutional deprivation to support a damages claim.
Gonzalez-Torres v. Roy · filed 2020-10-09
The Complaint, however, contains no allegations suggesting the personal involvement of either Warden Mulligan or Commissioner Cook as required for a damages claim under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely because of a supervisory role; the supervisor must be personally responsible for the deprivation of a constitutional right.
Kimble, Bobby v. Boughton, Gary · filed 2020-10-13
A supervisor cannot be held liable under § 1983 solely for being a supervisor.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because a subordinate violated someone’s rights; the plaintiff must allege the supervisor’s own conduct caused the deprivation.
(PC) Navarro v. Daveiga · filed 2020-10-13
However, section 1983 does not impose liability on a supervisor merely because his subordinate has violated Plaintiff’s rights.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of that position; the supervisor must be liable for their own misconduct.
Tamrat v. Reid · filed 2020-10-13
Plaintiff’s general allegations against Sheriff Ahern due his position as a supervisor are also dismissed. “In a § 1983 or a Bivens action – where masters do not answer for the torts of their servants – the term ‘supervisory liability’ is a misnomer. Absent vicarious liability, each Government official, his or her title notwithstanding, is only liable for his or her own misconduct.”Read the full opinion on CourtListener →
Section 1983 does not make an administrator liable solely for a subordinate’s conduct.
Rogers v. Brookhart · filed 2020-10-13
Thus, Baldwin cannot be held liable based solely on his position as an administrator as the doctrine of respondeat superior does not apply to § 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not make administrators liable solely because of their positions.
Black v. Tripp · filed 2020-10-13
Additionally, Crain and Jones cannot be held liable based solely on their positions as administrators because the doctrine of respondeat superior does not apply to § 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not make administrators liable solely because of their positions.
Black v. Lindsey · filed 2020-10-13
Additionally, Crain and Jones cannot be held liable based solely on their positions as administrators because the doctrine of respondeat superior does not apply to § 1983 actions.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.
Joyce 251901 v. Libby · filed 2020-10-13
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 merely for denying a grievance or failing to act on information in it.
Moore 960770 v. Schroeder · filed 2020-10-13
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 supervisor must be personally involved.
McClellan v. Cothron · filed 2020-10-13
The doctrine of respondeat superior, however, does not apply in actions brought under § 1983.Read the full opinion on CourtListener →
Supervisors are liable under § 1983 only if they participate in a constitutional violation, direct unlawful conduct, or know of unlawful conduct and fail to stop it.
JAMES v. FEARS · filed 2020-10-14
Wardens and Commissioners are liable under § 1983 only if they personally participate in the constitutional violation, direct their subordinates to act unlawfully, or know their subordinates will act unlawfully but fail to stop them.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability merely because a supervisor denies a grievance or fails to act on information in it.
Rains 850456 v. Penegon · filed 2020-10-14
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 requires an affirmative link between a supervisor’s conduct and a subordinate’s constitutional violation; supervisory liability cannot rest on respondeat superior.
Boudreau v. Central Falls Detention Facility Corporation · filed 2020-10-14
“Supervisory liability under 42 U.S.C. § 1983 cannot be predicated on the doctrine of respondeat superior.” ... There is no affirmative link alleged here.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when a subordinate committed a constitutional violation that the supervisor knew about and did nothing to prevent.
Whitelaw v. Horton · filed 2020-10-15
Also, as a supervisor, Dr. Horton could only be held liable for the nurse defendants’ actions if they were a constitutional violation that she knew about and did nothing to prevent.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor is personally involved in a constitutional violation or has a sufficient causal connection to it; allegations that a supervisor received an unanswered letter did not plausibly establish his knowledge of misconduct.
Untalan v. Stanley · filed 2020-10-15
In sum, Untalan has not alleged any facts that plausibly suggest Johnson was deliberately indifferent to any alleged unconstitutional conduct by his subordinates. Therefore, the Court GRANTS the Motion as the § 1983 claims against Johnson (Counts One through Four).Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional violation or a sufficient causal connection to it; a warden’s position alone does not establish liability.
Dorsey v. Paramo · filed 2020-10-15
Additionally, with respect to supervisory individuals such as Defendants Paramo and Covello, Plaintiff may not rely on their roles as warden alone to state a claim. Instead, Plaintiff must allege their “‘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 supervisors solely for their subordinates’ misconduct; the supervisor must be personally involved.
Bray v. Hall, Jr. · filed 2020-10-15
Under § 1983, however, “[g]overnment 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 →
Section 1983 does not impose respondeat superior liability on supervisors for their subordinates’ conduct.
Genskow v. Delain · filed 2020-10-16
Section 1983 does not recognize respondeat superior liability, however.Read the full opinion on CourtListener →
A supervisor may be liable under § 1983 when failing to act on information about an alleged constitutional violation plausibly shows direct participation.
Henderson v. Hannah · filed 2020-10-16
I held in my initial review order—and reaffirm here—that Henderson has plausibly alleged, however weakly, that Warden Hannah directly participated in an alleged constitutional violation by not acting on information about Henderson’s failure to receive a new mattress.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires more than conclusory allegations that officials failed to train or supervise subordinates.
NEDAB v. WETZEL · filed 2020-10-16
Those bare allegations, without further explanation, are insufficient to plausibly allege a basis for liability against Wetzel or Ferguson based on the destruction of inmate property during the move to SCI Phoenix.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely for overseeing a subordinate or failing to act.
Rainey v. T.T.C.C./CCA · filed 2020-10-19
Section 1983 liability cannot be predicated upon a respondeat superior theory, or upon a supervisor’s mere failure to act.Read the full opinion on CourtListener →
A § 1983 supervisory liability claim requires the supervisor’s personal involvement in the alleged violation.
Lawrence v. Corcoran · filed 2020-10-19
In order to make out a claim of supervisory liability under § 1983, the plaintiff needs to show the supervisor’s “personal involvement” in the alleged violation. ... Here, the complaint adequately pleads Corcoran’s personal involvement.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on supervisors for their subordinates' conduct; liability requires personal involvement.
KYNER v. LOVERIDGE · filed 2020-10-19
Additionally, there is no respondeat superior, or vicarious, liability in § 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely for failing to act or because of the supervisor’s position.
Owens v. Fraizer · filed 2020-10-19
Moreover, Plaintiff cannot seek to impose liability on Defendant Frazier merely because she is a supervisor, as a court may not impose liability under § 1983 based on a failure to act and/or a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because a subordinate violated someone’s rights.
Sisk v. Abernathy · filed 2020-10-20
In addition, 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 permits supervisory liability for a subordinate’s constitutional violation committed at the supervisor’s direction or with the supervisor’s knowledge or consent.
Monroe v. Koren · filed 2020-10-21
While supervisors can be held liable for constitutional violations committed by their supervisees if the violations happened at the supervisor’s direction or with her knowledge or consent, Hildebrandt v. Ill. Dept of Nat. Res., 347 F.3d 1014, 1039 (7th Cir. 2003), the plaintiff has not stated sufficient facts to indicate that anyone whom Lutsey supervised committed a constitutional violation.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when a supervisor participates in a constitutional violation or implements an unconstitutional policy that causes it.
Ellis Hicks v. Dept of Public Safety & Corr · filed 2020-10-21
A supervisory official may be held liable 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 requires a defendant’s personal involvement in the deprivation of a constitutional right; a supervisory role alone does not establish liability.
Mitchell v. Collins · filed 2020-10-21
Plaintiff cannot proceed with a claim against this defendant, simply because of his supervisory role at the Jail.Read the full opinion on CourtListener →
Section 1983 does not impose general respondeat superior liability; a defendant must cause or participate in the violation.
Doolin v. Neal · filed 2020-10-21
And, Mr. Doolin should note that 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 without evidence that a supervisor directed the violation or knew of it and failed to prevent it.
Cepero v. Gillespie · filed 2020-10-21
Cepero does not provide evidence that suggests that Leveque and Flynn directed anyone to beat him or knew that Bonkavich would beat him, so they cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s own knowledge and actions to support liability for a constitutional deprivation.
Gill v. Doehling · filed 2020-10-22
The plaintiff must show that the supervisor had knowledge of the unconstitutional actions of his or her staff and turned a blind eye or ignored it or approved of it.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged deprivation; denying a grievance after an isolated incident does not establish that involvement.
Crispin v. Roach · filed 2020-10-23
These allegations do not state a claim of personal involvement by defendants Mulligan, Hannah, Syed or Sciascia in the underlying misconduct because none of the defendants had the opportunity to remedy or prevent the misconduct while it was occurring.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their positions.
Bentz v. Kirk · filed 2020-10-23
Additionally, Westfall, Clay, Eovaldi, and Roweln cannot be held liable based solely on their positions as majors because the doctrine of respondeat superior does not apply to Section 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely for denying a grievance.
Johnson 286979 v. Supnick · filed 2020-10-23
Because denial of a grievance is not sufficient to impose liability under § 1983, Plaintiff’s claims against Defendant Schroeder are properly dismissed.Read the full opinion on CourtListener →
A supervisor is liable under § 1983 for knowledge and acquiescence only if she had contemporaneous knowledge of the constitutional violation and acquiesced in it.
A.B. v. TREDYFFRIN/EASTTOWN SCHOOL DISTRICT · filed 2020-10-23
The Court concludes plaintiff’s evidence is insufficient as a matter of law to establish that Principal Meisinger had knowledge of and acquiesced in Phillips’s sexual misconduct. Although Principal Meisinger was aware of the previous incidents at CHS, there is no evidence that she had contemporaneous knowledge of Phillips’s misconduct. Without such evidence, plaintiff cannot prove Principal Meisinger acquiesced in Phillips’s misconduct.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when the supervisor was personally involved in a constitutional deprivation or had a sufficient causal connection to it.
Carter v. Castelo · filed 2020-10-26
“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.’” Starr, 652 F.3d at 1207 (quoting Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989)). ... Thus, the 4AC fails to link any of the Supervisor Defendants to the purported deliberate indifference to Plaintiff’s serious medical needs.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because of their supervisory roles; the plaintiff must allege their personal involvement or a sufficient causal connection to the violation.
Thomas-Weisner v. Gipson · filed 2020-10-26
As Defendants rightly point out, they cannot be held liable simply by virtue of their supervisory roles. This is because there is no respondeat superior liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when the supervisor was personally involved in the constitutional deprivation or had a sufficient causal connection to it.
Reyes v. Chief Medical Officer · filed 2020-10-26
Supervisory officials may only be held liable under § 1983 if Plaintiff alleges their “personal involvement in the constitutional deprivation, or . . . a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation.” Keates v. Koile, 883 F.3d 1228, 1242–43 (9th Cir. 2018); Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011).Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in a constitutional deprivation to support a damages claim; supervisory position alone is insufficient.
Baltas v. Maiga · filed 2020-10-26
Baltas cannot sue a defendant for damages solely because of his or her supervisory position.Read the full opinion on CourtListener →
A supervisor can face a § 1983 free speech claim when the supervisor knew of a subordinate’s violation and acquiesced in it.
Edwards v. Estill · filed 2020-10-26
To plead a claim against a supervisor for free speech violations under the First Amendment, a plaintiff need only allege “facts that demonstrate an immediate supervisor knew about the subordinate violating another’s federal constitutional right to free speech, and acquiescence in that violation.” ... Plaintiff informed both Salvea and Nash about Estill’s behavior, but neither acted to prevent Estill from retaliating against Plaintiff. ... These claims will proceed against Estill, Salvea, and Nash.Read the full opinion on CourtListener →
Section 1983 permits supervisor liability for subordinates’ misconduct when the supervisor acts knowingly or with deliberate, reckless indifference; conclusory allegations of knowledge are insufficient.
Milchtein v. Milwaukee County · filed 2020-10-27
In other words, supervisors may be held liable under § 1983 for the actions of their subordinates if they acted “either knowingly or with deliberate, reckless indifference.” Backes, 662 F.3d at 870. ... Plaintiffs’ nearly fifteen-page supervisor liability claim is wholly conclusory and must be dismissed.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when the supervisor knows of the subordinate’s conduct and facilitates, approves, condones, or deliberately ignores it.
Brooks v. Artus · filed 2020-10-27
Artus may not be held responsible as the supervisor of the officers unless he knew about their conduct and facilitated, approved, condoned, or turned a blind eye to it “for fear of what [he] might see.” Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001).Read the full opinion on CourtListener →
Section 1983 does not make a sheriff liable solely because he supervises the staff accused of violating a person’s rights.
Ellman v. Gualtieri · filed 2020-10-27
However, Plaintiff cannot hold Defendant Gualtieri liable merely because he is a supervisor.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for the actions of subordinate officers.
Siemons v. Unknown Warden of the Wise County Jail · filed 2020-10-27
But to the extent Siemons has named the warden as responsible for the actions of subordinate officers under a theory of vicarious responsibility or respondeat superior, such a claim alone is insufficient to state a claim under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged wrong; respondeat superior alone does not establish liability.
TURNER v. JOHNSON · filed 2020-10-28
A § 1983 plaintiff cannot rely solely on a respondeat superior theory to establish liability. ... Plaintiff fails to allege the requisite level of Chavis’ personal involvement in this claim to sustain in past screening.Read the full opinion on CourtListener →
Section 1983 requires more than conclusory allegations of improper training or supervision to support a claim against a supervisor.
(PC) O'Connor v. Hooks · filed 2020-10-28
Furthermore, plaintiff’s allegations that he was injured as a result of Perry’s improper training or supervision are conclusory.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely for their employees’ acts or omissions.
Summers v. Waggoner · filed 2020-10-28
... responsible for the acts and/or omissions of IDOC employees, there is no respondent superior or “supervisor liability” under 42 U.S.C. § 1983, see Chavez v. Illinois State Police, 251 F.3d 612, 651 (2001), and those claims are dismissed.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires plausible allegations that the supervisor caused the violation through a policy or was personally involved in it.
JONES v. NJ DOC CENTRAL TRANSPORTATION · filed 2020-10-28
Accordingly, Plaintiff fails to state a claim against Nwachukwu under a supervisory liability theory.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability on prison officials merely for denying or failing to act on an inmate’s grievances.
Wagner v. Loza · filed 2020-10-28
Further, the Court notes that Defendants cannot be held liable for merely failing to act upon Plaintiff’s grievances, as “[t]he ‘denial of administrative grievances or the failure to act’ by prison officials does not subject supervisors to liability under § 1983.” Grinter v. Knight, 532 F.3d 567, 576 (6th Cir. 2008) (quoting Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999)).Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on a defendant solely because she holds a supervisory role.
Roberson v. Lawrence · filed 2020-10-29
Furthermore, under Section 1983, Lashbrook cannot be held liable simply because she is in a supervisory role.Read the full opinion on CourtListener →
Section 1983 supervisory liability based on a policy requires plausible allegations that the supervisor had notice of constitutional violations and that the policy caused the plaintiff’s injury.
Parks v. Saltsman · filed 2020-10-29
Assuming that these allegations are sufficient to plausibly allege policy-making authority, the Complaint does not adequately allege notice and causation, which is fatal to Plaintiff’s ability to state a plausible claim of supervisory liability based on the third Colon factor.Read the full opinion on CourtListener →
Section 1983 requires a claim against a supervisor in his individual capacity to allege personal involvement or responsibility for a policy or custom causing the constitutional deprivation.
Reyes v. Salazar · filed 2020-10-30
To state a section 1983 claim against a defendant like the Sheriff in his individual capacity, a plaintiff must allege the defendant was personally involved in the actions complained of or is responsible for the policy or custom giving rise to the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors merely because of their positions; they must be personally involved in the alleged violation.
Hampton v. Jeanpierre · filed 2020-10-30
But as “Section 1983 does not authorize supervisory liability,” Vinning-El v. Evans, 657 F.3d 591, 592 (7th Cir. 2011) (internal quotations and citations omitted), and Plaintiff provides no evidence of their involvement in his care except to say that either he or his friends and family notified those individuals of his complaints and they failed to respond to his satisfaction, he has stated no claim against Foster, Wierenga, or Jess.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for a subordinate’s conduct; the supervisor’s own conduct must be linked to the constitutional violation.
(PC) Merriman v. Martin · filed 2020-10-30
Rather, it appears plaintiff assigns liability under a respondeat superior theory, which is not cognizable under § 1983.Read the full opinion on CourtListener →
Section 1983 allows an individual capacity claim against a supervisor who encouraged or directly participated in the alleged misconduct.
Lea v. Conrad · filed 2020-10-30
As to the individual capacity claims relating to the failure to train, the Sixth Circuit has held that a government official may be held individually liable under Section 1983 if he or she “either encouraged the specific incident of misconduct or in some other way directly participated in it.” ... When construed with the other allegations in the Complaint, these allegations are sufficient to allege individual capacity claims under Section 1983 against Conrad and Hibbs.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for a subordinate’s unconstitutional acts solely because they supervise that person.
Edwards v. Abbett · filed 2020-11-02
“It 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.”Read the full opinion on CourtListener →
Section 1983 makes a prison supervisor’s liability depend on the supervisor’s own knowledge and actions, including when staff handle grievances on the supervisor’s behalf.
McNeil v. Obaisi · filed 2020-11-02
In addition, prison officials may delegate bureaucratic duties to their inferiors, and their “liability depends on each defendant’s knowledge and actions, not on the knowledge or actions of persons they supervise.” Burks, 555 F.3d at 595; see also Pacelli v. deVito, 972 F.2d 871, 878 (7th Cir. 1992) (“Supervisors are not liable for the errors of their subordinates”) (citations omitted). ... Drawing all reasonable inferences in McNeil’s favor (i.e. that the letter was sent and that it was received) there is no evidence to suggest that Warden Pfister was personally aware of McNeil’s condition.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.
McGowan 455845 v. Beecher · filed 2020-11-02
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.
Randolph v. Police Officer Brian Noonan · filed 2020-11-02
Liability under Section 1983 cannot be generally imposed on a supervisor solely based on his or her position; there is no respondeat superior or vicarious liability under Section 1983.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable merely because their employees violated constitutional rights.
(PC) Hardney v. Diaz · filed 2020-11-03
Furthermore, supervisory personnel are generally not liable under § 1983 for the actions of their employees.Read the full opinion on CourtListener →
Section 1983 does not make supervisory officials liable solely because of their positions.
Diaz v. Hanna · filed 2020-11-03
Any claims against these defendants based only on their positions as supervisory officials are not cognizable.Read the full opinion on CourtListener →
Section 1983 does not permit supervisory liability based solely on a subordinate employee’s actions.
Lowther v. Harrington · filed 2020-11-03
Supervisory personnel may not be held liable under 42 U.S.C. § 1983, however, for the actions of subordinate employees based on respondeat superior or vicarious liability.Read the full opinion on CourtListener →
A § 1983 claim against supervisors based on a harmful policy must identify the policy and plead specific facts showing their involvement.
Lambert v. Heurtas · filed 2020-11-04
In the amended complaint, plaintiff should specifically identify the policy which the newly named defendants implemented, enforced, and participated in which caused him harm. Plaintiff must plead specific facts in support of this claim and plaintiff must allege more than conclusory allegations against the newly named defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in an alleged constitutional deprivation; responsibility for a jail alone is insufficient.
Vasquez v. Schenectady County Correctional Facility · filed 2020-11-04
Rather, it appears plaintiff has named the Sheriff as a defendant solely because he is responsible for the jail, which, without more, is insufficient to plausibly suggest that he was personally involved in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for an employee’s actions; the supervisor must actively engage in unconstitutional conduct.
Merriman v. Cangemi · filed 2020-11-04
Plaintiff cannot hold a supervisor liable for the actions of an employee under a theory of respondeat superior based on the supervisor’s right to control the employee or the supervisor’s failure to act.Read the full opinion on CourtListener →
A supervisor is liable under § 1983 only if personally involved in a constitutional deprivation or sufficiently connected to its cause.
Martin v. Hermiston School District 8R · filed 2020-11-04
A supervisor is liable under § 1983 only “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.” Rodriguez v. Cnty. of L.A., 891 F.3d 776, 798 (9th Cir. 2018).Read the full opinion on CourtListener →
Section 1983 supervisory liability requires facts connecting a supervisor’s deliberately indifferent policy or practice to the constitutional injury; being in charge alone is insufficient.
JONES v. FISHER · filed 2020-11-04
Reading the Complaint liberally, Plaintiff has not stated any facts to support his allegations that Defendants Wetzel and Hainsworth engaged in an alleged “cover up,” let alone any facts that would establish the elements of supervisory liability. Moreover, Plaintiff's objections state that Plaintiff seeks to establish his claims against Defendants Wetzel and Hainsworth based on his perception that they were “in charge” when the alleged assault occurred, not on any facts that would establish the elements of a supervisory liability claim, nor on any facts that would establish individual liability against Defendants Wetzel or Hainsworth.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for their subordinates’ actions solely through vicarious liability or respondeat superior.
Jones v. Dickerson · filed 2020-11-05
His argument raises no viable claim, as supervisory officials cannot be held liable for the actions of their subordinates based on a theory of vicarious liability or respondeat superior under section 1983.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for employees’ actions solely because of their supervisory roles; liability requires their own culpable involvement.
DePaepe v. White · filed 2020-11-05
Supervisory personnel are not liable, however, under 42 U.S.C. § 1983 for the actions of their employees under a theory of vicarious liability. ... Because DePaepe alleges no facts showing Espinda’s or Harrington’s personal involvement in his claims, he fails to state a colorable claim against them.Read the full opinion on CourtListener →
Section 1983 requires factual allegations of a supervisor’s personal involvement in the alleged rights violation; supervisory status alone does not establish liability.
Isaac v. Marsh · filed 2020-11-05
Here, however, Plaintiff has failed to allege plausible supervisory liability claims because he has not set forth any factual averments regarding these Defendants.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors solely for their subordinates’ unconstitutional conduct.
Russie v. Davis · filed 2020-11-05
In section 1983 suits, liability of government officials for the unconstitutional conduct of their subordinates may not rest solely upon a theory of respondeat superior or vicarious liability.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability only when the supervisor was personally involved in the constitutional violation or the supervisor’s conduct had a sufficient causal connection to it.
Allen v. Diaz · filed 2020-11-06
Supervisory officials may only be held liable under § 1983 if a plaintiff alleges their “personal involvement in the constitutional deprivation, or . . . a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation.” ... Plaintiff makes no such allegations against Defendant Secretary Diaz in his Complaint.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability without the supervisor’s participation in or acquiescence in the alleged misconduct.
Reiher v. Johnson · filed 2020-11-06
Deputy Warden Ricumstrict is not liable under § 1983 in his supervisory capacity for the alleged violation of Plaintiff’s rights, because Plaintiff failed to allege that the deputy warden committed any of these acts or acquiesced in the other parties’ conduct.Read the full opinion on CourtListener →
A supervisor may be individually liable under § 1983 if he directly participates in a constitutional violation or fails to train or supervise the subordinate who caused it.
Lokey v. St. Louis County, Missouri · filed 2020-11-06
As such, a supervisor may be held individually liable under § 1983 only if he either “directly participates in the constitutional violation or if he fails to train or supervise the subordinate who caused the violation.”Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability based solely on a subordinate’s actions; a complaint must allege facts connecting the supervisor to the claim.
Henderson v. Rourke · filed 2020-11-06
The Complaint fails to state a claim against Defendants Rourke and Schneider because there are no factual allegations regarding Defendants Rourke and Schneider. Section 1983 does not authorize respondeat superior liability for a supervisor based solely on the actions of his subordinates.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor for a subordinate’s conduct solely through respondeat superior; the supervisor must have implicitly authorized, approved, or knowingly acquiesced in the conduct.
Brevaldo v. Muskingum County Sherriffs Office · filed 2020-11-06
The magistrate judge correctly noted that a §1983 claim against a supervisory official fails unless the supervisor implicitly authorized, approved or knowingly acquiesced in the unconstitutional conduct of the offending subordinate. ... The court agrees with the magistrate judge’s conclusion that plaintiff cannot proceed with an excessive use of force claim against Captain Suciu on the theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make supervisory prison officials liable for their subordinates’ errors merely because of their job titles.
Ratcliffe v. Clarke · filed 2020-11-09
Supervisory prison officials cannot be held liable under § 1983 for errors by their subordinates merely by virtue of their job titles.Read the full opinion on CourtListener →
Section 1983 does not impose liability based on supervisory status alone; a supervisor must be responsible through her own conduct.
Morehead v. Thompson · filed 2020-11-09
If so, he has not stated a claim against her, because §1983 “does not authorize ‘supervisory liability.’” ... The court can infer from these allegations, at the screening stage, that the plaintiff is alleging that Thompson, as manager of the HSU, had reason to know that the plaintiff has been complaining of pain for over a year and that Thompson has not take steps to address those complaints. The court will allow the plaintiff to proceed on a claim against Thompson.Read the full opinion on CourtListener →
Section 1983 permits individual liability for a supervisor when the supervisor was personally involved in a constitutional deprivation or the supervisor’s wrongful conduct was sufficiently connected to it.
McClure v. The County of Los Angeles California · filed 2020-11-09
Under Section 1983, a supervisor may be liable if a plaintiff demonstrates 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. ... Plaintiff alleges no facts demonstrating that the Sheriff was personally involved in or individually caused the alleged constitutional deprivations. Thus, to the extent that Plaintiff is attempting to do so, he fails to state a civil rights claim against the Sheriff in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation; a supervisor’s position alone does not create liability.
Donald v. Warden · filed 2020-11-09
But there is no respondent superior or “supervisor liability” under § 1983.Read the full opinion on CourtListener →
Section 1983 does not permit liability based solely on a defendant’s position as a supervisor or employer.
Perkins, Jr. II v. Wexford Source Inc. · filed 2020-11-09
However, the doctrine of respondeat superior does not apply to Section 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not make jail supervisors personally liable solely because they oversee jail operations.
Johnson v. Adams · filed 2020-11-09
There is no general respondeat superior liability under § 1983, and these defendants cannot be held personally liable solely because they oversee operations at the jail.Read the full opinion on CourtListener →
Section 1983 does not make government officials liable for another person’s unconstitutional conduct merely because they failed to respond to a complaint about it.
Shaffer v. Moore · filed 2020-11-09
However, government officials are not liable under § 1983 for the unconstitutional conduct of others.Read the full opinion on CourtListener →
Section 1983 does not make supervisory officials liable for their subordinates’ conduct solely because of their supervisory positions.
Parker v. Henline (INMATE 2)(CONSENT) · filed 2020-11-10
To the extent Plaintiff alleges that Sheriff Franklin and Warden Hemline are liable to him in their supervisory positions based on a theory of respondeat superior, those claims fail, as the law is well established that supervisory officials cannot be held liable in § 1983 actions under any theory of respondeat superior or vicarious liability.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on supervisory officials for their subordinates’ acts or omissions.
Neal v. Vogelgesang · filed 2020-11-10
Thus, supervisory officials are not subject to vicarious liability under 42 U.S.C. § 1983 for the acts or omissions of their subordinates.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable for their subordinates’ actions merely because they supervise them.
Self v. Bergh · filed 2020-11-12
Self argues that Bergh must be lying because his staff would have followed his order; however, even if someone disobeyed Bergh, subordinates’ actions are not imputed onto supervisors.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on a warden who is not alleged to have caused or participated in a rights violation.
Varcadipane v. Neal · filed 2020-11-12
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 an official denied a grievance or failed to act on information in it.
Johnson 286979 v. Lester · filed 2020-11-12
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 liability based solely on a supervisory position; a supervisor must be personally involved in the constitutional violation or have a sufficient causal connection to it.
Pinkston v. Hall · filed 2020-11-12
It is well-settled that § 1983 does not “create supervisory or respondeat superior liability.” Oliver v. Scott, 276 F.3d 736, 742 (5th Cir. 2002). ... Plaintiff has not shown that Defendants Marquardt and Williams were personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 official-capacity and supervisory claims fail when the complaint does not plausibly allege an underlying rights violation.
Williams v. Corpening · filed 2020-11-12
To the extent that Plaintiff attempts to state official-capacity or supervisory claims based the foregoing conditions, those claims fail because Plaintiff has not plausibly alleged that any violation of his rights occurred.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires evidence that a supervisor knew of a pervasive risk of constitutional injury and responded with deliberate indifference or tacit authorization.
McClary v. Kalinski · filed 2020-11-12
Plaintiff’s attempt to assert supervisory liability against Nurse Fox is unavailing because Plaintiff has failed to present any forecast of evidence that Defendant Fox knew of a pervasive risk of constitutional injury and displayed deliberate indifference to, or tacitly authorized, any allegedly wrongful conduct by her subordinates.Read the full opinion on CourtListener →
Section 1983 does not allow liability based on respondeat superior.
Taylor v. Fleming · filed 2020-11-13
Moreover,defendants cannot be liable under the theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability on a person who lacks authority over the alleged violator.
Perry v. St. Francois County · filed 2020-11-13
Supervisory liability under § 1983 cannot be imposed on one who does not have supervisory authority over the alleged violator.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant’s conduct to a constitutional violation; supervisory status or minimal involvement alone is insufficient.
Wortham v. Waldura · filed 2020-11-16
In addition, Plaintiff must present additional allegations showing how the other Defendants were involved and how each of their actions violated his constitutional rights. Merely because a Defendant happens to be a supervisor, or when a Defendant had some minimal involvement with this incident, is insufficient to state a claim under the standards described above.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable merely because of their supervisory position.
Latchford v. Austin · filed 2020-11-16
In addition, 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 does not make a supervisor liable solely because a subordinate violated someone’s rights.
Schaefer v. Woods · filed 2020-11-16
In addition, 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; officials cannot be held liable solely because they supervise others.
Spann v. Indiana State of · filed 2020-11-16
He names Indiana Attorney General Curtis Hill and Warden William Hyatte as defendants, but there is no indication that these high-ranking state officials had any personal involvement in these events. They cannot be held liable simply because they oversee law enforcement operations within the state or supervise correctional personnel.Read the full opinion on CourtListener →
Section 1983 supervisory liability cannot rest solely on a supervisor's knowledge of an isolated incident after it has ended.
Pena v. Stanley · filed 2020-11-17
Knowledge of an isolated incident after the incident is over does not support a claim for supervisory liability.Read the full opinion on CourtListener →
Section 1983 holds supervisors liable for their own conduct, not merely for the acts of their subordinates.
KARP v. KNIGHT · filed 2020-11-17
Similarly, all claims against Wendy Knight are dismissed for failure to state a claim upon which relief may be granted. "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). ... Mr. Karp does not allege that Ms. Knight was involved in any way with the threatening and retaliatory conduct described in Part II, and he does not assert that the no-coffee policy violates any right.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.
Snider 834248 v. Saad · filed 2020-11-17
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 permits a supervisory liability claim to proceed when an administrator allegedly learned of a constitutional violation through an appeal and failed to remedy it.
Rooks v. Santiago · filed 2020-11-18
However, the court will permit this claim to proceed also against District Administrator Mulligan, who allegedly denied Rooks’s appeal of his SRG Phase 2 Program placement. See Brandon v. Kinter, 938 F.3d 21, 37 (2d Cir. 2019) (supervisory officials who were informed of violation but failed to remedy the violation may be held liable); Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir. 1995).Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability without the supervisor’s participation in or acquiescence to the unconstitutional conduct.
Taylor v. Wright · filed 2020-11-18
Warden Chapman is not liable under § 1983 in his supervisory capacity for the alleged violation of plaintiff’s rights, because plaintiff failed to alleged 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 supervisory liability merely because a supervisor denies a grievance or fails to act on information in it.
Johnson 286979 v. Valiquette · filed 2020-11-18
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; personal involvement is required.
Law v. Pierce · filed 2020-11-19
It is well established that there is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 permits liability for supervisory prison officials who personally participate in a constitutional deprivation or whose unlawful conduct has a sufficient causal connection to it.
Rico v. Ducart · filed 2020-11-20
Supervisory prison officials may be liable under § 1983 if they were “personally involved in the constitutional deprivation or a sufficient causal connection exists between [their] unlawful conduct and the constitutional violation.”Read the full opinion on CourtListener →
Section 1983 allows a claim against supervisors when allegations that they reviewed and denied grievances sufficiently show their involvement in a constitutional violation.
Grant v. Haro · filed 2020-11-20
Plaintiff alleges that supervisory defendants Sergeant Garcia, Warden M. Biter, E.J. Borla, and C. Ballard reviewed and denied plaintiff’s administrative grievances, and in so doing they approved of the above-described violations of his rights by Haro and Mendez. When liberally construed, such allegations state a cognizable claim for the involvement of Garcia, Biter and Borla in failing to protect plaintiff from a dangerous cellmate, in violation of plaintiff’s Eighth Amendment rights.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a supervisor to the alleged misconduct, such as prior knowledge of the incident or responsibility for a policy or practice.
Pilj v. Doe · filed 2020-11-20
Mr. Pilj does not allege that he informed Warden Doe of the incident, or that Warden Doe otherwise knew of it before it occurred. Nor does he allege that his claims are the result of any policy or practice created by the Warden.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor merely because of the supervisor’s position.
Meneses v. Stuck · filed 2020-11-20
Further, 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 does not impose supervisory liability for ordinary negligence.
Lopez v. Foerster · filed 2020-11-20
Ordinary negligence in supervision does not give rise to a viable claim under § 1983.Read the full opinion on CourtListener →
Section 1983 permits personal liability for a supervisor who participates in, directs, or knowingly acquiesces in a subordinate’s violation of rights.
TOMEI v. OFFICE OF THE 32ND JUDICIAL DISTRICT DELAWARE COUNTY · filed 2020-11-20
A supervisor may be personally liable under Section 1983 if 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 [her] subordinates’ violations.”Read the full opinion on CourtListener →
A supervisor may be liable under § 1983 if she knows about a constitutional deprivation and turns a blind eye.
Wooten v. Panos · filed 2020-11-23
To be liable under § 1983, a supervisory defendant “must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye.” ... At the screening stage, the Court finds that Plaintiff has sufficiently alleged that Ludwig was made aware of the situation by his letter and she turned a blind eye.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of that role; the supervisor must be personally responsible for the alleged constitutional violation.
Pickens v. Heuerman · filed 2020-11-24
The doctrine of respondeat superior (supervisor liability), however, does not apply to actions filed under 42 USC §1983.Read the full opinion on CourtListener →
Section 1983 does not impose respondeat superior liability on supervisors; liability requires personal involvement or knowing approval, condoning, or disregard of the misconduct.
Smith v. Stover · filed 2020-11-24
There is no respondeat superior liability under Section 1983. A supervisor can only be held liable if they are personally involved, if they knew about the conduct and approved it, condoned it, or turned a blind eye.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on supervisors for their subordinates’ actions.
Morgan v. Commonwealth of Kentucky · filed 2020-11-24
Supervisory officials cannot be held vicariously liable under 42 U.S.C. § 1983 for their subordinates’ actions.Read the full opinion on CourtListener →
Section 1983 does not impose supervisory liability based solely on a subordinate’s conduct; the supervisor must have personally participated in the alleged violation or have a causal connection to it.
Pyatt v. Florida International University Board of Trustees · filed 2020-11-25
Here, the Complaint fails to allege facts suggesting that either Chief Casas or Mayor Gimenez personally participated in the alleged false arrests or that there is a causal connection between their actions and the alleged constitutional violations. In fact, the entire theory of liability against each of these Defendants is founded on vicarious liability or respondeat superior. However, such a § 1983 claim is not actionable.Read the full opinion on CourtListener →
Section 1983 supervisory liability cannot rest on a defendant’s supervisory position alone.
Crawford v. Tilley · filed 2020-11-25
As a result, that official’s supervisory capacity, without more, is insufficient to support a § 1983 supervisory liability claim against that official.Read the full opinion on CourtListener →
Section 1983 does not support supervisory liability when the underlying constitutional claim fails.
ARCHIE v. SMITH · filed 2020-11-25
Since Plaintiff has failed to state a medical privacy claim, he has also failed to state a claim against Warden Smith under a supervisory theory of liability.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s position.
Taylor v. Comanche County Detention Center · filed 2020-11-25
Defendant Hobbs cannot be held liable under § 1983 on a theory of respondeat superior.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for supervising an officer who allegedly violated someone’s rights; the supervisor must be personally involved.
Price-Moore v. JPK Capital, Ltd · filed 2020-11-26
First, respondeat superior liability does not apply to § 1983 claims, so his mere supervisory position over Lopez is not enough by itself to keep Blasingame in the case.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of that position; the defendant must be personally involved in the alleged wrong.
Evans v. Kaye · filed 2020-11-27
Further, supervisory liability cannot be imposed under § 1983 by respondeat superior.Read the full opinion on CourtListener →
Section 1983 supervisory liability requires allegations that a supervisor knew a subordinate’s conduct posed a pervasive and unreasonable risk of constitutional injury, responded with deliberate indifference or tacit authorization, and caused the injury through inaction.
Griffin v. Mortier · filed 2020-11-30
Our review of the complaint leads us to conclude that Griffin failed to state a plausible supervisory liability claim against any of the purported supervisory defendants—that is, BCDC Supervisor Matayabas, BCDC Chief Deputy Allen, and Sheriff Van Duncan. Indeed, the complaint fails to sufficiently allege that the supervisory defendants knew that Nurse Mortier or any subordinate “was engaged in conduct that posed a pervasive and unreasonable risk of constitutional injury.”Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for supervising people who allegedly violated a plaintiff’s rights.
Nadzhafaliyev v. Hardy · filed 2020-11-30
“[T]here is no respondeat superior liability for claims under § 1983,” however.Read the full opinion on CourtListener →
Section 1983 does not make supervisors vicariously liable solely because of their employment relationship with the person who allegedly violated a constitutional right.
Taylor v. Nelson · filed 2020-12-01
Supervisory officials cannot be held vicariously liable in § 1983 cases solely on the basis of their employer-employee relationship.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a supervisor solely because of the supervisor’s role over others.
Richardson v. Brown · filed 2020-12-01
Furthermore, to the extent that Plaintiff seeks to proceed against them due to their supervisory role over others, 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 does not impose liability on supervisors or employers solely because of their positions.
Dunlap v. Illinois Department of Corrections · filed 2020-12-01
To the extent Plaintiff seeks to hold a defendant liable based on their positions as supervisors or employers, the doctrine of respondeat superior does not apply to § 1983 actions.Read the full opinion on CourtListener →
Section 1983 does not impose liability on supervisors merely because their subordinates allegedly violated someone’s rights.
Johnson v. Sickafoose · filed 2020-12-01
His claims against the Jail Commander, Allen County Sheriff, Sheriff’s Department, and City of Fort Wayne appear to be based on a respondeat superior theory— namely, that these defendants are liable for “neglect of supervision” of subordinate jail employees—which does not state a viable claim under § 1983.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.
Streety 191233 v. Grand · filed 2020-12-01
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 government official liable for constitutional injuries inflicted by subordinates unless the official caused those injuries.
NOONAN v. KANE · filed 2020-12-01
Thus Kane, as the Pennsylvania Attorney General, cannot be held liable to plaintiffs under § 1983 for constitutional injuries inflicted by employees of the OAG unless she caused them to commit plaintiffs’ injuries.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable for an employee’s unconstitutional actions solely because of the supervisory relationship.
Spotted Bear v. Thom · filed 2020-12-01
“In the section 1983 context, supervisor liability is limited. A supervisor cannot be held liable, on a theory of respondeat superior, for an employee’s unconstitutional actions.”Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when a supervisor is indifferent to or tacitly authorizes a subordinate’s misconduct.
Thomas v. Walthall · filed 2020-12-02
A public official is liable for the acts of his subordinates under § 1983 if the plaintiff demonstrates a supervisor’s indifference or tacit authorization of a subordinate’s misconduct.Read the full opinion on CourtListener →
A supervisor cannot be liable under § 1983 without an underlying constitutional deprivation.
Acosta v. Thomas · filed 2020-12-02
Mr. Acosta’s failure to establish an underlying deprivation of his Eighth Amendment rights by Dr. Vadlamudi is therefore fatal to Mr. Acosta’s § 1983 supervisor liability claim against Dr. Koenigsmann.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable solely for a subordinate’s actions or omissions.
Saddozai v. Davis · filed 2020-12-02
First of all, under no circumstances is there liability under § 1983 solely because one is responsible for the actions or omissions of another.Read the full opinion on CourtListener →
Section 1983 does not make a supervisor liable for subordinates’ misconduct solely because of the supervisor’s position.
Fuentes v. Montgomery · filed 2020-12-02
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 requires personal involvement in the alleged constitutional deprivation; supervising the person responsible is not enough.
Rollins v. Becker · filed 2020-12-02
And there is no general respondeat superior liability under 42 U.S.C. § 1983. ... Because Warden Hyatte was not personally involved in the incident and cannot be held liable simply because he oversees the operation of the prison or supervises other correctional officers, Mr. Rollins cannot proceed against him.Read the full opinion on CourtListener →
Section 1983 liability depends on each defendant’s own knowledge and actions; supervisors are not liable merely for the actions of their staff.
Huerta-Hernandez v. Boyd · filed 2020-12-02
This allegation is insufficient to state a claim because section 1983 “liability depends on each defendant’s knowledge and actions, not on the knowledge or actions of persons they supervise.”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.
Phillips-Addis 420015 v. Haske · filed 2020-12-02
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 merely because a supervisor denied a grievance or failed to act on information in one.
Phillips-Addis 420015 v. Bottrell · filed 2020-12-02
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 requires a supervisor’s personal participation in a violation; learning of it after it occurred and failing to discipline a subordinate does not establish liability.
Moore v. Howell · filed 2020-12-02
The Court finds that Plaintiff fails to state a colorable claim against Defendant Howell. ... A defendant is liable under 42 U.S.C. § 1983 “only upon a showing of personal participation by the defendant.” ... Based on the allegations in the complaint, Howell did not know about the improper strip search until after it occurred. As such, Howell could not have prevented the improper strip search.Read the full opinion on CourtListener →
Section 1983 generally does not impose liability based on supervisory status alone; a supervisor may be liable for participating in a constitutional deprivation or implementing an unconstitutional policy that causes one.
Shafer v. Collier · filed 2020-12-02
Concerning Defendant Embra’s supervisory role, the Magistrate Judge correctly determined that supervisory liability, or respondeat superior, does not generally apply in § 1983 lawsuits; rather, a supervisor may be held liable if he affirmatively participates in the acts causing a constitutional deprivation or implements unconstitutional policies which causally result in the constitutional injury.Read the full opinion on CourtListener →
Section 1983 permits supervisory liability when the supervisor personally participates in a constitutional deprivation or the supervisor’s wrongful conduct has a sufficient causal connection to it.
Berg v. Bethel School District · filed 2020-12-03
Moreover, “[a] supervisor may be liable [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.” Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989). ... As to the remaining individual Defendants—Thomas Siegel, Robert Maxwell, Clifford Anderson, Tom Gifford, and Heidi Miller—Plaintiffs have failed to either cite or submit evidence to establish that these other defendants engaged in a DeShaney constitutional violation.Read the full opinion on CourtListener →
Section 1983 permits a supervisory liability claim when a supervisor knows about and approves an unconstitutional policy.
Shaw v. Piontkowski · filed 2020-12-03
The equal protection claim against Chief Flynn may proceed under a theory of supervisor liability because Shaw alleges that he knew about the policy and approved it.Read the full opinion on CourtListener →
Section 1983 does not make supervisors liable solely because they oversee the people who allegedly violated a constitutional right.
Crook, Jr. v. Neal · filed 2020-12-03
And there is also no general respondeat superior liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Notes 47851–48000 of 71,725, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under 42 U.S.C. § 1983. Ezel checks it against the cases on this page and answers with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace