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.
Personal involvement of defendant
Section 1983 requires personal involvement for individual liability.
Metro Charities, Inc. v. Moore · filed 1990-08-24
Personal involvement is a prerequisite to individual liability under section 1983.Read the full opinion on CourtListener →
Section 1983 treats officers who provide armed backup and guard detainees during a search as participants who may be liable even if they do not conduct the search themselves.
James, Carrie, a Minor, by Elizabeth James, Next Friend v. T.G. Sadler · filed 1990-08-28
Under this court’s holding in Melear, these activities were “integral to the search” and render them participants rather than bystanders.Read the full opinion on CourtListener →
Section 1983 liability for an alleged conspiracy requires evidence of the defendant’s personal involvement in the deprivation of constitutional rights.
Laidley v. Mcclain · filed 1990-09-13
In her complaint, plaintiff alleged that the defendant Ritter conspired with Lantz McClain and others to accomplish the removal of herself and other David Young supporters from the district attorney's office in Creek County. We have examined the record and find that it is void of any evidence of personal involvement by Mr. Ritter in a conspiracy to deprive Ms. Laidley of her constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not support a claim against defendants who did not cause the alleged deprivation of rights.
Sharpe v. Jeff Reynolds, Jack Morgan, James Vandever · filed 1990-10-04
Sharpe has no basis for his suit because the action depriving him of his day in court was taken, not by the defendants, but by the judge who granted the motion to quash.Read the full opinion on CourtListener →
A § 1983 claim against an officer cannot proceed when the officer was not directly involved in the challenged action.
Dunlap v. Albert L. Borton, Lt., Joseph G. Cavender, Officer · filed 1990-10-05
On appeal, Dunlap admits that Borton was not directly involved in moving him to the maximum custody area. ... Upon review, we conclude that claims against Borton were properly dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have been personally involved in the alleged actions for the claim against that defendant to proceed.
Ronald Weaver, Leo McKaye Morris Martin v. Raymond Toombs, Robert Brown, Jr., Donald Mason, Robert Mulvaney, Ted Strassb · filed 1990-10-11
The district court correctly dismissed defendants Brown and Toombs because they were not personally involved in any of the actions that were alleged in the complaint.Read the full opinion on CourtListener →
Section 1983 does not impose liability on defendants who did not encourage, authorize, or approve the alleged deprivation of federal rights.
William Washington, Sr. v. Dr. Ulep, Dr. Green, Dr. Houseworth · filed 1990-10-12
Upon review, we conclude the district court correctly found Drs. Green and Houseworth not liable in this suit, as they did not encourage, authorize or approve of any alleged deprivation of Washington's constitutional or federal rights, including the right under the eighth amendment to be free from wanton infliction of pain. Birrell v. Brown, 867 F.2d 956, 959 (6th Cir.1989); Bellamy v. Bradley, 729 F.2d 416, 421 (6th Cir.), cert. denied, 469 U.S. 845 (1984).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the challenged conduct; a prison official who was not on the disciplinary committee at the relevant time cannot be liable for its conduct.
Bilal v. O. Davis G. Hitz J. Williams, Lt. H. Glass · filed 1990-11-02
Bilal failed to controvert Davis’s attestation that he was not a member of the disciplinary committee at any time pertinent to Bilal’s claims. See Fed.R.Civ.P. 56(e). Thus, we affirm the grant of summary judgment for defendant Davis.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant to have personal involvement in the alleged deprivation.
Hayes v. Mary Ugwuzor, Lou Meyer · filed 1990-12-12
Also, deputy warden Elkins authorized Hayes's placement in 24 hour detention. Thus, neither defendant had any personal involvement in the incident.Read the full opinion on CourtListener →
Section 1983 permits dismissal of a defendant when no personal involvement in the alleged acts or omissions is alleged.
Harris v. Murray · filed 1991-02-13
Therefore, as there has been no personal involvement alleged on the part of defendant Murray in the acts or omissions complained of and as plaintiff has stipulated to his dismissal, Edward Murray is dismissed from this action.Read the full opinion on CourtListener →
A prisoner alleges a warden’s personal involvement in a § 1983 claim by challenging the warden’s refusal to consider his reclassification appeal.
Johnson v. Jon P. Galley, Warden, Rci-H, Mr. Campbell, Classification Counselor, Rci-H, Mr. Prior, Maintenance Per · filed 1991-02-19
With regard to the claim against Warden Galley, Johnson has alleged personal involvement to the extent that he challenges the warden's refusal to consider his appeal.Read the full opinion on CourtListener →
Section 1983 liability for an individual defendant requires personal involvement in the deprivation of civil rights.
Turner v. County of Washoe · filed 1991-02-20
This is because liability under 42 U.S.C. § 1983 must be based on the personal involvement of the defendant.Read the full opinion on CourtListener →
Section 1983 imposes personal liability on an official only for that official’s own actions, not for errors made by others.
Gibson v. Matthews · filed 1991-02-22
If any one of them is to be held liable, it must be based on the actions of that defendant in the situation that the defendant faced, and not based on any problems caused by the errors of others, either defendants or non-defendants.Read the full opinion on CourtListener →
Section 1983 requires proof of a defendant’s personal involvement before that individual can be held personally liable for money damages.
Sanders v. Heitzkey · filed 1991-02-27
Therefore, because individuals cannot be personally liable for money damages under section 1983 without proof of personal involvement, see Morales v. Cadena, 825 F.2d 1095, 1101 (7th Cir.1987), the claims made against Cook and Drenski must be dismissed.Read the full opinion on CourtListener →
Individual liability under Section 1983 requires personal involvement in or responsibility for the alleged constitutional violation.
Williams v. Leanne Pate · filed 1991-02-28
Individual liability under Section 1983 is predicated on a showing of personal involvement in or responsibility for the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify a defendant personally responsible for the alleged deprivation.
Strickland v. Delo · filed 1991-03-21
With respect to plaintiff’s claim concerning his failure to receive a TASC form prior to the officials at PCC placing him in TASC, the Court concludes that defendants’ motion must be granted insofar as plaintiff has failed to identify a defendant who was personally responsible for delivering the TASC form to plaintiff.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the constitutional deprivation for liability.
Richardson v. Coughlin · filed 1991-04-22
Liability under 42 U.S.C. § 1983 requires that the defendant be personally involved in a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between the injury and the conduct of the individual sued.
McNeil v. Lane · filed 1991-05-03
Finally, an individual may be found liable for an injury under Sec. 1983 only if the plaintiff proves a causal connection between the injury complained of and the conduct of the individual sued.Read the full opinion on CourtListener →
Section 1983 defendants with no connection to the alleged misconduct are not proper parties.
Bout v. Michigan Department of Corrections · filed 1991-05-17
It is clear that some of the defendants have no connection with this case and are not proper party defendants.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege the defendant’s direct or personal involvement in the acts causing the constitutional deprivation.
Smith v. Meachum · filed 1991-05-21
Moreover, plaintiffs must demonstrate the defendants’ direct or personal involvement in the actions which are alleged to have caused the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged deprivation to be liable.
Duke Woodley v. Department of Corrections, Dr. Harris, Unit Doctor, Dr. Frye, Chief Physician, R. Kelly, Warden · filed 1991-06-04
If Woodley's failure to specify the involvement of the defendants in his complaint means that he has not alleged personal responsibility, then the defendants could not be liable under Sec. 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; supervisory officials cannot be held liable for medical treatment in which they had no involvement.
Dillon v. Wilson · filed 1991-06-11
The claim against Director Wilson and Warden Dahlberg was correctly dismissed because they had no personal involvement in the medical treatment of the plaintiff.Read the full opinion on CourtListener →
Section 1983 permits individual-capacity damages claims against officials who personally caused or participated in an alleged constitutional deprivation.
Martin v. Lane · filed 1991-06-12
A person can only be held individually liable if he caused or participated in an alleged constitutional deprivation. “Individual liability for damages under section 1983 is predicated upon personal responsibility.” ... Martin alleges sufficient personal responsibility on the part of both O’Leary and Lane to bring actions against them in their individual capacities.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation before damages may be awarded against that defendant.
Vialez v. New York City Housing Authority · filed 1991-06-18
The personal involvement of a defendant in the deprivation alleged by a plaintiff is a prerequisite to an award of damages under § 1983.Read the full opinion on CourtListener →
Section 1983 permits liability for an individual acting under color of state law who causes a deprivation of federal rights, even if another official makes the final decision.
Carmen ARCHULETA, Plaintiff-Appellant, v. the COLORADO DEPARTMENT OF INSTITUTIONS, DIVISION OF YOUTH SERVICES, Et Al., D · filed 1991-06-20
An individual may be liable under § 1983, however, if that individual while acting under color of state law causes the deprivation of a federal right. In this context, we find that plaintiff raised a genuine factual issue as to whether her supervisors caused her termination through their low evaluations and their apparent recommendation that she be fired.Read the full opinion on CourtListener →
Section 1983 requires proof that each official sued individually subjected or caused the plaintiff to be subjected to the constitutional deprivation.
McDuffie v. W.J. Estelle, Jr. · filed 1991-07-15
The court’s inquiry on remand is defined by the language of § 1983 itself, which provides that to impose individual liability on an official it must be shown that the official has subjected or "caused to be subjected” the plaintiff to the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts showing a named defendant’s personal involvement in the alleged constitutional violation.
Armstrong v. Lane · filed 1991-08-16
The plaintiff has failed to state any facts indicating how any of the named defendants were involved in the alleged constitutional violation; nor has he provided any other details of a specific instance where excessive force was used.Read the full opinion on CourtListener →
Section 1983 requires a showing of a defendant’s personal involvement in alleged harassment or unlawful conditions of confinement.
Porter v. Larry Porter, Warden, Camp Pugsley, C. Parish, Department of Corrections, Grand Traverse Sheriff · filed 1991-09-24
Moreover, Porter failed to show personal involvement by defendant Porter in any alleged continued harassment or unlawful conditions of confinement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the allegedly unlawful conduct for liability.
Russell v. Coughlin · filed 1991-09-25
It is well settled that absent some personal involvement in the allegedly unlawful conduct, a person cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant to have been personally involved in the alleged constitutional violation.
Houghton v. Charlotte v. Kuffner, Marlene Launderville, Michael Dotson · filed 1991-09-27
Liability under section 1983 arises only upon a showing of personal involvement by the defendant in the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the alleged wrong; an official’s position and supposed knowledge of a practice do not suffice.
Knox v. McGinnis · filed 1991-09-30
That of course does not do the job, because Section 1983 liability must be predicated on personal involvement — but this opinion has nonetheless dealt with the broader exculpation that is provided by qualified immunity principles, so that Knox will understand that he would be no better served by any later attempt to sue specific correctional officers on the same ground.Read the full opinion on CourtListener →
Section 1983 imposes liability on prison officials only when they are directly and personally responsible for the alleged civil rights violation.
Roman v. Koehler · filed 1991-10-18
Koehler and Deegan correctly note, however, that under § 1983, liability can only be imposed on prison officials who were directly and personally responsible for the alleged violation of civil rights.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials for a deprivation of rights they had no role in causing.
Mosley v. Paul J. Klincar, Richard M. Daley, and John Scott Arthur · filed 1991-11-15
The State’s Attorney does not conduct parole hearings, nor does he determine whether a prisoner is permitted access to his parole file. In short, former State’s Attorney Daley and Assistant State’s Attorney Arthur cannot be held liable for any violation of Mosley’s due process rights, since they simply were in no position to frustrate Mosley’s attempts to review his file.Read the full opinion on CourtListener →
Section 1983 does not make police officers liable for another officer’s use of excessive force when they are not alleged to have committed or cooperated in it.
Cox v. County of Suffolk · filed 1991-12-10
However, defendant police officers are not alleged to have committed or cooperated in that act and therefore they cannot be liable for it.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged constitutional deprivation.
Loukas v. Hofbauer · filed 1991-12-10
Defendants Hofbauer and Bolden are entitled to dismissal from this action because there is no evidence that they were personally involved in any of the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 makes an officer individually liable only if the officer personally caused or participated in the alleged constitutional deprivation.
Study v. United States · filed 1991-12-13
Liability of an officer in his individual capacity under Section 1983 is predicated upon personal responsibility and an individual cannot be held liable unless he personally caused or participated in an alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation; a supervisor may be personally involved through knowledge and direct participation or by learning of a violation on appeal and failing to remedy it.
Moffitt v. Town Of Brookfield · filed 1991-12-20
Personal involvement of the Commissioners may be premised upon their alleged knowledge of the activities of Anderson, Fortmiller, and Lucas, and a resulting direct participation therein. See Meriwether v. Coughlin, 879 F.2d 1037, 1046 (2d Cir.1989). Alternatively, it may be based upon their having learned of a violation by Anderson, Fortmiller, and Lucas as a result of Moffitt's appeal, and having failed to remedy the wrong.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by each defendant in the conduct that deprived the plaintiff of constitutional rights.
Russell v. Coughlin · filed 1991-12-31
Moreover, the plaintiff must prove that the individual defendant charged was personally involved in the wrongful conduct that deprived him of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation; treatment provided by a third party does not establish the defendant’s liability without that participation.
Sack v. Lowder · filed 1992-01-06
Having done so, we AFFIRM the judgment of the district court for substantially the same reasons set forth in its orders of June 10, 1991, and September 17, 1991, copies of which are attached. ... These allegations with respect to medical care and treatment provided by a third party can not be used as a basis for imposing liability on the defendants herein. See Bennett v. Passic, 545 F.2d 1260, 1262-63 (10th Cir.1976) ("Personal participation is an essential allegation in a § 1983 claim.") There is an absence of personal participation on the part of defendants with respect to the medical care and treatment provided plaintiff while under the care of St. Francis Hospital.Read the full opinion on CourtListener →
Section 1983 permits personal liability for officers who direct a constitutional deprivation or know of and consent to it, even when others carry out the act.
Brown v. State's Attorney · filed 1992-02-04
The fact that Altman and O’Connor were not the actual parties who invaded Brown’s apartment does not relieve them of personal liability for such a violation. ... In the instant case, Brown has pleaded facts which, if true, are sufficient to establish that the alleged deprivation occurred at Altman and O’Connor’s direction, or at the very least with their knowledge and consent.Read the full opinion on CourtListener →
Section 1983 permits individual liability only when the defendant caused or participated in the alleged constitutional deprivation.
Haynes v. Lambor · filed 1992-02-04
An individual can be held liable under Section 1983 only if “he caused or participated in an alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in the alleged constitutional deprivation.
Becraft v. Dick Bowman, Teddy Kindle, Lois Weaver · filed 1992-02-05
An individual cannot be held liable in a section 1983 action unless he caused or participated in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional violation.
Threat v. Russi · filed 1992-02-20
In order to state a claim for a constitutional violation under § 1983, the plaintiff must allege personal involvement of each defendant.Read the full opinion on CourtListener →
Section 1983 liability requires facts connecting a defendant to the alleged constitutional injury.
Cali v. Henri Sadacca, Patrick Johnson · filed 1992-03-04
Therefore, in the absence of any facts establishing defendants' responsibility for the imposition of the illegal sentence on Cali, summary judgment was appropriate.Read the full opinion on CourtListener →
Section 1983 does not make an official sued in an individual capacity responsible for the acts of other government officials.
Lane v. Celucci · filed 1992-03-11
Cellucci is not responsible for the actions of any other governmental officials.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability; a plaintiff must show that each defendant personally deprived the plaintiff of rights.
Walker v. Meligan · filed 1992-03-18
Section 1983 liability is not vicarious; the plaintiff must show that the particular defendant personally deprived him of rights.Read the full opinion on CourtListener →
Section 1983 permits a claim against a public official for personal involvement when the official knew of an unconstitutional detention and continued it despite that knowledge.
Harold E. Sivard, Jr. v. Pulaski County, Pulaski County Sheriff's Department, Charlotte Ward, Individually and in Her Of · filed 1992-04-01
As to Sheriff Ward-Tillett, it states that she knew of his wrongful detention and continued to detain him in spite of that knowledge. We hold that such an allegation is sufficient to state a cause of action under § 1983 for a public official’s personal involvement in an unconstitutional deprivation of due process.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting an individual defendant to the alleged constitutional deprivation.
Stone v. Agnos · filed 1992-04-03
Nor does Stone make any showing whatsoever that the mayor or the police chief effected the destruction, which Stone concedes was contrary to city policy.Read the full opinion on CourtListener →
Section 1983 permits individual-capacity liability only for a defendant’s own wrongdoing.
Winder v. Leak · filed 1992-04-07
A defendant sued in his individual capacity can only be held liable under § 1983 for his individual wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify the specific acts of each defendant that caused the alleged constitutional deprivation.
Frye v. Board of Prison Terms, Raymond Kerr, Chairman California Department of Corrections Daniel McCarth · filed 1992-04-24
Here, Frye's complaint fails to identify with particularity the specific acts of each defendant which caused a deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant personally participated, directly or indirectly, in the challenged conduct.
Figures v. Board of Public Utilities of Kansas City · filed 1992-05-07
Viewed in the light most favorable to Figures, there simply was no issue for the jury with respect to the individual board members. There was no evidence that these defendants personally participated in the promotion decision, either directly or indirectly.Read the full opinion on CourtListener →
Section 1983 permits damages for unconstitutional prison conditions only against persons who created or maintained the conditions or operated or were in charge of the facility.
Green v. Bauvi · filed 1992-05-08
A prisoner may only recover damages for unconstitutional conditions of confinement from the persons who created or maintained those conditions or from the persons who operated or were in charge of the facility.Read the full opinion on CourtListener →
Section 1983 requires proof that enough board members to carry a termination vote knew of the plaintiff’s protected activity to hold the board liable, and proof of each member’s knowledge to hold that member individually liable.
Ricker v. Fulton County Soil & Water Conservation District · filed 1992-05-29
To demonstrate that there is at least a jury question as to the Defendants’ knowledge, Plaintiff must come up with direct or circumstantial evidence that at least three of the Board members knew of Plaintiff’s activities with respect to her claim against the District, and that each individual Board member knew, in order to recover against the Board members individually.Read the full opinion on CourtListener →
A Section 1983 claim against an individual prison official requires evidence that the official personally caused the alleged denial of access to legal materials.
Ruark v. Annette Porter, Legal Law Library Clerk · filed 1992-08-07
Examining this summary judgment evidence in the light most favorable to Mr. Ruark, see id. at 249-50, we do not think a fact finder could reasonably conclude that Ms. Porter personally denied him access to legal materials.Read the full opinion on CourtListener →
Section 1983 liability for delayed medical treatment requires evidence that the named defendant was responsible for the delay.
McGuckin v. Dr. Smith John C. Medlen, Dr. · filed 1992-08-24
Notwithstanding the seriousness of McGuckin’s condition, we agree with the district court that he failed to raise a genuine issue of material fact regarding whether either Smith or Medien was responsible for the delay in his treatment.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in causing the alleged deprivation before a defendant can be liable for damages.
Green v. Bauvi · filed 1992-09-02
Section 1983 imposes liability only on persons who subject, or cause the complainant to be subjected to a deprivation of a right secured by the Constitution or laws of the United States.Read the full opinion on CourtListener →
Section 1983 liability requires particularized proof that the named defendant was directly and personally involved in the deprivation of the plaintiff’s rights.
Payton v. Vaughn · filed 1992-09-10
To impose liability under Section 1983, a plaintiff must establish with particularity that the named defendant was directly and personally involved in the deprivation of the plaintiffs rights.Read the full opinion on CourtListener →
Section 1983 claims about prison conditions require a named defendant who might reasonably be responsible for those conditions.
Johnson v. KSIR Principal Administrator & Staff · filed 1992-09-17
Not only are plaintiffs claims concluso-ry, plaintiff has not named as defendant any party who might reasonably be deemed responsible for any claims arising from the conditions of confinement at S.R.D.C. Accordingly, the court dismisses these claims from this action.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged deprivation, which may be shown by a causal connection or affirmative link between the defendant and the unlawful conduct.
Cannaday v. Gibas · filed 1992-09-30
The plaintiff is also required to demonstrate that Mr. Gibas personally participated in the alleged unlawful conduct. To meet this burden, the plaintiff need only demonstrate the existence of.a causal connection or an affirmative link between the unlawful search and the defendant.Read the full opinion on CourtListener →
Section 1983 requires direct responsibility by an individual defendant, rather than vicarious liability.
Smith v. Martin · filed 1992-10-21
As already indicated, it is basic doctrine that the Section 1983 responsibility of individual defendants must be direct and not vicarious.Read the full opinion on CourtListener →
Section 1983 requires facts linking the defendant’s actions to the alleged deprivation of a federal right.
Mayer v. Joseph Magill, Dr. Pima County Board of Supervisors · filed 1992-10-28
To state a section 1983 claim, the plaintiff must allege facts showing that a person acting under color of state law deprived the plaintiff of a right, privilege, or immunity secured by the constitution. ... Nor does he link his failure to be placed on a medical diet to Dr. Magill's actions.Read the full opinion on CourtListener →
Section 1983 does not recognize a joint-concert theory that imposes liability merely through association.
Renalde v. CITY AND COUNTY OF DENVER, COLORADO · filed 1992-12-01
Plaintiffs cite no authority recognizing a “joint concert” claim under § 1983, and I know of none. Indeed, such a theory would impose liability merely through association. This is not a cognizable claim under § 1983.Read the full opinion on CourtListener →
Section 1983 requires evidence that each defendant sued individually personally caused the constitutional deprivation.
Watson v. Cohn · filed 1992-12-03
In order to survive summary judgment, Watson had to present evidence tending to show that the defendants personally caused him a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be responsible for the alleged deprivation of rights; prison officials without authority over the challenged staff duties are not liable for that deprivation.
Thomas v. Shields · filed 1992-12-15
The district court's analysis supports the grant of summary judgment for three of the four Defendants, Williams, Herron, and Horne. All three averred that female officers perform substantially the same duties as male officers and that they had no authority to change the job duties of correctional officers to limit the possibility that female officers would see inmates on the toilet or in the shower. The district court correctly found that these three Defendants were not responsible for the alleged deprivation of Thomas's rights.Read the full opinion on CourtListener →
Section 1983 liability for a prisoner’s medical treatment requires evidence that the defendant was personally involved in the treatment or deliberately indifferent to the prisoner’s medical needs.
Bowman v. Acree · filed 1992-12-15
Second, nothing in the record indicates that Acree was in any way involved in Bowman's medical treatment or could possibly have been deliberately indifferent to Bowman's medical needs.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant to have personally participated in the alleged constitutional deprivation.
Mitchell v. Maynard · filed 1992-12-23
In order to be liable under § 1983, a Defendant must have personally participated in the alleged constitutional deprivation. Meade v. Grubbs, 841 F.2d 1512, 1527-28 (10th Cir.1988). Plaintiff has failed to assert any personal involvement in this incident on the part of any of the named Defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in causing the rights violation for liability to attach.
Hernandez v. Lawrence Kincheloe, Warden · filed 1992-12-29
Liability under 42 U.S.C. § 1983 arises only upon a showing of personal participation by the defendant.Read the full opinion on CourtListener →
Individual liability under § 1983 requires that the defendant caused or participated in the constitutional deprivation, with a causal or affirmative link between the defendant’s conduct and the deprivation.
Gray v. Faulkner · filed 1992-12-30
A person may be held liable under § 1983 in his individual capacity only if he caused or participated in the constitutional deprivation; a “causal connection or affirmative” link between the conduct and the defendant must exist.Read the full opinion on CourtListener →
Section 1983 requires an affirmative causal connection between each defendant and the alleged deprivation of federal rights.
Gangloff v. Poccia · filed 1995-06-13
A civil rights case requires an affirmative causal connection between Defendants and the alleged deprivation of constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in the challenged action for liability.
William H. Warren, Jr. v. Ted Wallman, Warden, Mack H. Alford Correctional Center · filed 1993-01-06
A defendant cannot be liable under § 1983 unless that defendant personally participated in the challenged action.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in the alleged wrongs.
Heinly v. Queen · filed 1993-01-11
Personal involvement in the alleged wrongs is a prerequisite to imposing liability under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on defendants who were not responsible for the alleged deprivation.
Mark v. Nix · filed 1993-01-13
Because Mark concedes ... none of the prison officials sued by him are responsible for this confiscation, Mark has no basis for liability against them.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in or authorization of the alleged rights violation to hold an individual defendant liable.
Stockenauer v. Paul Deleeuw, Captain John Jungling, Sgt. · filed 1993-01-22
The district court properly entered summary judgment for defendant Jungling on plaintiff's First Amendment claim, as plaintiff has not alleged, and the facts fail to show, that Jungling was personally involved in, or authorized in any way, the alleged taking of Stockenauer's legal papers.Read the full opinion on CourtListener →
Section 1983 requires proof that the defendant caused the deprivation of the plaintiff’s rights.
Lovett v. Boddy · filed 1993-01-26
Section 1983 would impose liability upon Defendant Travis only if Plaintiff can establish that Travis “subjected], or cause[d him] to be subjected” to the deprivation of his rights.Read the full opinion on CourtListener →
Section 1983 requires a claim to connect the named defendants to the alleged misconduct.
Winkler v. McCarthy · filed 1993-01-26
However, Winkler fails to allege that any of the named defendants were in any way responsible for the problems with the mail.Read the full opinion on CourtListener →
Section 1983 liability requires evidence that the defendant condoned, encouraged, or participated in the alleged misconduct.
Chapman v. Kenneth L. McGinnis Gene Borgert Chris Daniels Travis Jones Sandra Stritmatter · filed 1993-02-01
Nothing in the record reveals that Borgert was deliberately indifferent to Chapman's serious medical needs, see Estelle v. Gamble, 429 U.S. 97, 104-06 (1976), or that Borgert condoned, encouraged or participated in the alleged misconduct.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have participated in the deprivation of the plaintiff’s rights; a board member who did not participate in the challenged decision is not liable.
Greenlee v. Board of Medicine · filed 1993-02-03
Although a member of the licensing Board, Tuckson was not present at any meetings and did not participate in the decision to deny plaintiff a license. Accordingly; because Reed did not deprive plaintiff of any rights as required by § 1983, plaintiff’s claims against defendant Reed shall be dismissed.Read the full opinion on CourtListener →
Section 1983 requires direct personal involvement or a causal link between the defendant’s conduct and the alleged constitutional deprivation.
Collins v. Bopson · filed 1993-02-10
Thus, Defendant Witowski did not have any direct, personal involvement in the alleged beating. Furthermore, there is a lack of evidence to indicate that Defendant Witowski ordered anyone to beat Plaintiff or that Defendant Popson allegedly beat Plaintiff in response to Plaintiffs actions against Witowski. Thus, Defendant Witowski is entitled to summary judgment because there is a lack of evidence to establish a causative link between Witowski’s words on 8-Block and the alleged beating in the RHU.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials for a deprivation in which they had no personal involvement.
Mark v. Crispus Nix · filed 1993-02-15
Because Mark concedes none of the prison officials sued by him are responsible for this confiscation, Mark has no basis for liability against them.Read the full opinion on CourtListener →
Section 1983 does not permit a retaliation claim against prison officials who did not engage in the complained-of conduct.
Chesson v. Irving Jaquez, Dale Erps, L.E. Matthews, Jerry Sylvia · filed 1993-02-16
Finally, we uphold the district court’s grant of summary judgment on the issue of retaliation by prison officials. ... However, Defendants are not officials or employees of Centennial. ... and did not engage in the conduct of which Plaintiff complains.Read the full opinion on CourtListener →
An individual defendant is liable under § 1983 only if personally involved in the alleged deprivation of the plaintiff’s rights.
Smith v. Saffle · filed 1993-02-23
We agree that to be liable an individual defendant must have been personally involved in the alleged deprivation of the plaintiff's rights.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in or direct responsibility for the incidents that injured the plaintiff.
Foster v. James Purkett George Lombardi Phyllis Fick Rick Jones · filed 1993-03-08
Foster did not allege that Purkett and Lombardi were personally involved in or had direct responsibility for the incidents in question which injured him, nor did Foster submit any evidence rebutting Jones' attestation that he did not receive any oral or written request to dispose of any untried detainers.Read the full opinion on CourtListener →
An official is liable under § 1983 only if the official actively participated in the violation or the official’s actions had a causal connection to it.
Barajas v. Waters · filed 1993-03-11
It is clear that for an official to be liable under a § 1983 claim he must have actively participated in the act that violated the right or at the very least there must be some causal connection between the official’s actions and the violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a named defendant was personally involved in the claimed denial of access to the courts.
Salahuddin v. Jones · filed 1993-04-30
Appellant's new claims were also correctly dismissed. With regard to appellant's claim that he was denied access to the courts, he failed to allege that any named defendant prevented him from gaining access to the library and made wholly conclusory and inconsistent allegations regarding the delay and opening of his legal mail.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have played a role in the alleged deprivation; dismissal is appropriate for defendants who did not participate in the challenged decision.
Kenneth Logsdon and Timothy Allen Luckenbill, an Infant v. Dr. Harry J. Cowherd Margery Chapleau Walt Chapleau and Steve · filed 1993-05-18
Mr. Logsdon has not alleged that defendants Harry Cowherd and Margery Chapleau played any role in the decision not to allow the inmate legal aide to accompany the plaintiff to meetings and hearings. Dismissal as to both these defendants was thus clearly appropriate.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have caused or participated in the constitutional deprivation for individual liability.
Rubeck v. Sheriff of Wabash County · filed 1993-05-27
In order to determine whether a defendant is liable under § 1983, this court must ascertain whether a certain defendant has caused or participated in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal participation in the alleged constitutional deprivation.
McCabe v. Charles L. Wolff, Jr. · filed 1993-06-08
As we stated above, section 1983 liability arises only upon a showing of personal participation in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have been personally involved in the events giving rise to the claim.
McDonald v. Gloria Anthony Benjamin Ulep, Dr. Mary L. Cretens · filed 1993-06-15
McDonald-El's claims against defendants Cretens and Ulep were also properly subject to dismissal because he has not shown that these defendants were personally involved in the events giving rise to his complaint.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by the defendant in the incident that harmed the plaintiff.
Mosby v. Patrick M. Fitzpatrick, Nurse/paramedic, Tucker Unit, Adc Henry Masters, Dr. Robert Jones · filed 1993-06-16
He also did not produce evidence that any of the named defendants refused to treat him for his alleged symptoms. See Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) (no section 1983 claim where plaintiff does not allege personal involvement of defendant in incident that harmed him).Read the full opinion on CourtListener →
Personal liability under § 1983 requires the defendant's personal involvement and an affirmative causal link to the alleged violation.
Gates v. Unified School District No. 449 Of Leavenworth County, Kansas · filed 1993-06-21
A claim seeking personal liability in a civil rights suit must be predicated on the defendant actor's personal involvement; there must be an affirmative link to causally connect the actor with the alleged violation.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials who neither personally participated in the events underlying the claim nor authorized or condoned unconstitutional conduct.
Johnson v. Grayson · filed 1993-07-09
Defendants Ashton, Grayson and Washington cannot be held liable because they were not personally involved in the events giving rise to Johnson's claims, nor did they authorize or condone any unconstitutional conduct.Read the full opinion on CourtListener →
A plaintiff bringing a Section 1983 claim must allege that the defendants personally participated in the alleged constitutional deprivations.
Perry v. LeBaron · filed 1993-07-28
With regard to Perry's allegations of a failure to protect, we agree with the district court that Perry failed to allege nonconclusory facts showing how defendants acted with deliberate indifference and failed to allege that defendants personally participated in any of the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation of rights and does not impose derivative liability.
Steven S. Cannaday, Sr. v. Gibas · filed 1993-08-03
Cannaday failed to produce any evidence that Gibas played a personal role in the search and seizure of his residence. Rascon v. Hardiman, 803 F.2d 269, 273 (7th Cir.1986). There is no derivative liability under Sec. 1983.Read the full opinion on CourtListener →
A claim under section 1983 requires personal involvement in the deprivation of the plaintiff's civil rights.
Anderson v. Del Papa · filed 1993-08-03
To state a claim under section 1983, a plaintiff must show an individual was personally involved in the deprivation of his civil rights. May v. Enomoto, 633 F.2d 164, 167 (9th Cir.1980); Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir.1979). As stated by the district court, Anderson fails to allege facts which show personal involvement by the AG's office or staff.Read the full opinion on CourtListener →
A Section 1983 claim is subject to dismissal against defendants who are not alleged to have played any role in the challenged punishment.
Harris v. Spellman · filed 1993-08-10
Finally, because defendants Blanton and Vanjoske are not alleged to have played any role in Faust’s punishment, they too are dismissed from this action pursuant to 28 U.S.C. § 1915(d) ... .Read the full opinion on CourtListener →
Section 1983 liability against a prison official requires personal responsibility for the challenged conduct and an affirmative link or causal connection between the misconduct and the official.
Diaz v. Edgar · filed 1993-08-24
Absent direct responsibility for the conduct complained of, liability will not lie against a prison official. ... There must be an affirmative link or causal connection between the misconduct complained of and the official being sued.Read the full opinion on CourtListener →
Liability under § 1983 for excessive force requires proof of the defendant’s personal involvement in the alleged incident.
Richardson v. Van Dusen · filed 1993-09-20
Following the completion of the plaintiffs proof, the court dismissed the excessive force claims as to defendants Finn and Baldwin pursuant to Fed.R.Civ.P. 50 on the grounds that there existed no credible evidence supporting their involvement in the alleged incident.Read the full opinion on CourtListener →
Section 1983 liability for an unconstitutional employment action requires personal direction of the act or an official policy attributable to the defendants.
Tom v. Sheahan · filed 1993-10-12
To -be liable, Sheahan must have either personally directed the unconstitutional act, or the unconstitutional act must have been an official policy of the defendants.Read the full opinion on CourtListener →
Liability under Section 1983 requires a defendant's personal involvement in the deprivation of rights.
Olson v. Gary Stotts, Secretary of Corrections David R. McKune Warden Joan Finney, Governor the State of · filed 1993-11-16
Finally, we note that plaintiff failed to allege personal participation of the defendants.Read the full opinion on CourtListener →
Section 1983 requires personal participation in the alleged constitutional violation for liability in an individual capacity.
Cortese v. Black · filed 1993-11-23
Personal participation is an essential allegation in a § 1983 action. ... Accordingly, I will dismiss the suit against the county commissioners in their individual capacities.Read the full opinion on CourtListener →
In a Section 1983 excessive-force claim, evidence placing an officer at the scene of an alleged beating may permit an inference of participation even when the plaintiff cannot identify which officer struck him.
Earnest A. Darden v. City of Berkeley, Berkeley Police Department Officer Rodriguez · filed 1993-12-03
As discussed above, however, Darden's inability to specifically identify the officers would not preclude liability if he presents evidence placing them at the scene of the alleged beating.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a named defendant’s act or omission to the alleged constitutional injury.
Juan Carlos Gil Gomez v. James Rowland, William Bunnell · filed 1994-01-07
Likewise, Gomez fails to state any facts that describe the role of the named defendant in the amended complaint or any act or omission by the defendant that could arguably be construed as causing the claimed illegal classification.Read the full opinion on CourtListener →
Section 1983 claims against an official fail when that official was not responsible for the challenged prison hearings or denial of a requested test.
Files v. Keeth · filed 1994-01-10
Files did not name as defendants any of the prison officials responsible for his classification, review, or disciplinary hearings or for the denial of a PSE test. Therefore, Files's remaining due process claims fail, and in any event, we would hold that they lack merit.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link to, and direct responsibility for, the deprivation of a constitutional right.
King v. Marks, Dr. · filed 1994-01-10
"Liability under [section] 1983 requires a causal link to, and direct responsibility for, the deprivation of [constitutional] rights."Read the full opinion on CourtListener →
Section 1983 requires evidence that the defendant personally participated in the alleged misconduct to withstand summary judgment.
Mason v. Meiners · filed 1994-01-28
We agree with the district court that Mason produced no facts showing that Meiners had any involvement in destroying, altering, or suppressing any evidence.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege or show a defendant’s own action connecting that defendant to the asserted deprivation.
William L. Hayes, II v. Raymond G. Toombs, Warden · filed 1994-02-01
Hayes neither alleges nor demonstrates any action by the defendant Toombs connecting him to Hayes's asserted dental problems.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials who played no role in, or lacked authority to make, the challenged decision.
Delker v. Maass · filed 1994-02-02
At the conclusion of plaintiffs case-in-chief, I entered judgment for defendants Maass, Hall, and Lilienthal because they either played no role in, or lacked authority to make, the decision whether to authorize surgery.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation of rights to hold a state officer individually liable.
Feliciano v. DuBois · filed 1994-02-10
In order for a state officer to be properly brought into a suit individually under § 1983, the officer must be shown to have been in some manner personally involved in the alleged deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have participated in the deprivation of rights or to have known of and acquiesced in it.
Coleman v. Frame · filed 1994-02-16
To be hable in an action under § 1983, a defendant must have participated in, or had personal knowledge of and acquiesced in, the actions which deprived plaintiff of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 permits an inference that an individual supervisor personally participated in a challenged termination from evidence of his supervisory role and involvement in hiring the employee.
Livesay v. Ray Shollenbarger and Fred Nevarez · filed 1994-02-18
From the evidence that Nevarez participated in the decision to hire the plaintiff, and the evidence that she reported to him as her immediate supervisor, the jury could properly infer that Nevarez was a participant in the decision to terminate her.Read the full opinion on CourtListener →
Section 1983 requires sufficient personal involvement by an officer in the alleged constitutional violation to support recovery against that officer.
Johnston v. City of Houston, Tex. · filed 1994-02-22
Although Johnston asserts a constitutional violation, his complaint fails to allege sufficient involvement by Owens to lay a foundation for recovery under § 1983.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison official who did not decide to impose or continue a restraint and carried out his duty to check on the prisoner.
Williams v. Peter Vidor and Willie Ray · filed 1994-02-23
With respect to Sergeant Ray, we have no problem with approving the grant of summary judgment to him because the record shows without dispute that he did not make the decision to place Williams in the TOB regime, did not make the decision to keep Williams there for any particular period of time and that he did carry out his duty, personally or by guards under his direction, to check on Williams from time to time.Read the full opinion on CourtListener →
Section 1983 requires the plaintiff to link the defendant to the challenged conduct for which the plaintiff seeks to hold that defendant liable.
Japhus L. Dooley, Also Known as Briggs v. Brooks Parks, Classification Officer, Wrightsville Unit, Arkansas Department o · filed 1994-03-23
Dooley did not show that the job assignments for which Parks was responsible were inconsistent with his medical classification and did not link Parks to any post-May 13 hoe squad assignment. In addition, the magistrate judge properly found that Dooley did not link Parks to the disciplinary actions taken against him.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the alleged constitutional deprivation.
Gavin v. Ammons · filed 1994-04-06
First, even accepting Gavin's allegations as true, he has failed to link any of the defendants with the denial of medical treatment. 1 "[A]n individual cannot be held liable in a Sec. 1983 action unless he caused or participated in an alleged constitutional deprivation."Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the constitutional deprivation for an award of damages against a defendant.
Huey B. Wright v. Harold Smith and Thomas A. Coughlin, III · filed 1994-04-06
It is well settled in this Circuit that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement or responsibility to impose liability on a jail official for failing to protect a detainee.
Tucker v. Hill · filed 1994-04-14
We find that the district court correctly granted summary judgment to Bretherick and Busby. The record reflects that neither defendant had any personal contact with Tucker prior to the assault or knew he faced a pervasive risk of harm. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993) (Sec. 1983 liability requires some personal involvement or responsibility); Andrews v. Siegel, 929 F.2d 1326, 1330 (8th Cir. 1991) (to establish reckless disregard of right to be free from inmate attack, plaintiff must show he faced pervasive risk of harm and officials failed to respond reasonably; single incident not pervasive risk).Read the full opinion on CourtListener →
Section 1983 personal-capacity liability requires sufficient personal involvement in the alleged constitutional violation.
Azania v. Bayh · filed 1994-04-20
The district court properly dismissed Azania's claims against defendants Evan Bayh, James Aiken, and Robert Farley because the complaint does not allege sufficient personal involvement in the alleged constitutional violations by these defendants.Read the full opinion on CourtListener →
Section 1983 claims against officials may proceed when the officials were actively involved in the events leading to the alleged constitutional injury.
Kelly v. New York State Executive Department · filed 1994-04-28
Accordingly, because Lehman and Caccese were actively involved in the events culminating in plaintiff’s demotion, Supreme Court’s denial of their motions for summary judgment was proper (see, Lundgren v Curiale, 836 F Supp 165, 169).Read the full opinion on CourtListener →
Individual liability under Section 1983 requires the defendant’s personal responsibility for the alleged constitutional deprivation.
Montgomery v. Nothstein · filed 1994-05-03
Individual liability under Sec. 1983, regardless of the particular constitutional theory, must be based upon personal responsibility.Read the full opinion on CourtListener →
Section 1983 does not impose liability on defendants who were not involved in the alleged due process deprivation.
Nix v. Evatt · filed 1994-05-05
The court adopts the magistrate judge’s recommendation to grant summary judgment as to defendants Evatt, Galloway, Franklin, and Morgan, since it is undisputed that none of them were involved in the procedural due process claim.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant’s action or inaction proximately caused the alleged constitutional deprivation.
Locken v. Robbins · filed 1994-05-18
In order to prevail on a medical claim in a Sec. 1983 action, the plaintiff must prove that: (1) the specific defendant, in acting or failing to act, was deliberately indifferent to the plaintiff's serious medical needs and (2) this indifference was the actual and proximate cause of the constitutional deprivation.Read the full opinion on CourtListener →
A supervisor who knows of unlawful practices and fails to take preventive action can satisfy Section 1983’s personal-involvement requirement.
Muriel D. Black v. Michael P. Lane, Michael Neal, P.A. Severs, Captain · filed 1994-05-31
At a minimum, Lane is presumed to have knowledge of Menard’s resolution agreement with the Department of Justice and thus of the unlawful practices at Menard. He failed, however, to take any preventive action and thus Black’s complaint sufficiently alleges Lane’s personal involvement.Read the full opinion on CourtListener →
An individual is liable under Section 1983 only if personally involved in the deprivation of a constitutional right.
Fox Fuel v. Delaware County Schools Joint Purchasing Board · filed 1994-06-08
For an individual to be liable under 42 U.S.C. § 1983, he or she must have some personal involvement in the deprivation of the constitutionally protected right.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each named defendant’s actions and the alleged deprivation of a federal right.
Moraga v. Kaiser · filed 1994-06-08
The plaintiff must demonstrate a causal connection between the named defendants and the alleged constitutional deprivation. ... Moraga fails to present any specific evidence to demonstrate a causal connection between the actions of any of these three defendants and the denial of his knee surgery.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an action by each defendant to state a claim against that defendant.
Meadows v. Trotter · filed 1994-06-10
When a plaintiff completely fails to allege any action by a defendant, it necessarily “appears beyond doubt that the plaintiff can prove no set of facts which would entitle him to relief.”Read the full opinion on CourtListener →
Section 1983 liability requires evidence that the defendant was personally involved in or responsible for the alleged constitutional wrong.
Wood v. Officer Roschell, Varner Unit, Arkansas Department of Correction Dr. Dermot Dunne, Diagnostic Unit · filed 1994-06-13
These arguments are entirely without merit as he presented no evidence linking either defendant to the alleged constitutional wrongs. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993) (section 1983 liability requires some personal involvement or responsibility).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link alleged retaliatory acts to the defendant officials.
Villegas v. Marshall · filed 1994-06-20
Villegas was given two opportunities to link the alleged acts of retaliation to any of the prison officials but did not do so. Dismissal of the retaliation claim was not an abuse of discretion.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a named defendant and the alleged constitutional violation.
Best v. Samuel A. Lewis, Director · filed 1994-06-30
Moreover, Best has not established a causal link between any named defendant and the purported constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant personally participated in the alleged constitutional violation.
Hunt v. City and County of San Francisco · filed 1994-06-30
Nor did Hunt provide any evidence that Police Officers D'Arcy and Sudano engaged in any conduct that violated Hunt's Fourth Amendment rights. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) ("Liability under section 1983 arises only upon a showing of personal participation by the defendant [in an alleged violation of plaintiff's constitutional rights].") Accordingly, the district court properly granted summary judgment in favor of Officers Gamble, D'Arcy, and Sudano.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant to have been personally involved in the alleged wrongful action.
Kontos v. Wheeler · filed 1994-07-06
The complaint was correctly dismissed under 28 U.S.C. Sec. 1915(d) as to defendants not personally involved in the storage of the plaintiff's property. See Rizzo v. Goode, 423 U.S. 362, 376-77 (1976) (liability under Sec. 1983 requires that defendant have had affirmative part in alleged wrongful action).Read the full opinion on CourtListener →
Section 1983 damages claims against individual prison officials require specific facts showing that each defendant caused a constitutional violation.
Brigaerts v. Sheriff Cardoza San Mateo City Board of Supervisors · filed 1994-07-07
A prisoner seeking damages must set forth specific facts showing that each individual defendant caused a violation of the prisoner's eighth amendment rights.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link and direct responsibility for the deprivation of rights; an official who did not order the challenged confinement and lacked authority to do so is not liable.
Williams v. Don Roper, Linda Wilkson, Del Casby · filed 1994-07-12
Considering Salts's testimony that he did not order Williams to be placed in a strip cell, and in fact had no authority to do so, we conclude the district court's finding is not clearly erroneous. Thus, the court properly dismissed this suit. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (section 1983 liability "requires a causal link to, and direct responsibility for, the deprivation of rights").Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in or responsibility for the alleged violation.
White v. Bradberry · filed 1994-07-15
White has not shown that either Banks or Lockhart had any involvement with his classification or limitations. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993); Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (Sec. 1983 liability requires some personal involvement or responsibility).Read the full opinion on CourtListener →
Section 1983 liability requires some personal involvement in or responsibility for the alleged deprivation.
White v. Marks · filed 1994-07-15
As to Marks, the record shows that Marks did not have any personal involvement in or responsibility for White's medical classification or job assignment. See Mark v. Nix, 983 F.2d 138, 139-40 (8th Cir. 1993); Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (Sec. 1983 liability requires some personal involvement or responsibility).Read the full opinion on CourtListener →
Section 1983 requires evidence of a causal connection between each named defendant’s actions and the alleged deprivation.
Royse v. Joseph D. Lehman Michael Ponti Walter L. Kautzky Chase A. Riveland · filed 1994-08-09
Royse also failed to present any evidence demonstrating a causal connection between the actions of any named defendant and the temporary denial of his television.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant who was not personally involved in the actions giving rise to the claim.
Farr v. Pinkerton · filed 1994-08-25
Defendant Hocking is not subject to Sec. 1983 liability because he was not personally involved in the actions giving rise to Farr's claims.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials for a constitutional violation unless the challenged conduct occurred at their direction or with their knowledge and consent.
Jones v. David Sandahl, Michael Bond, and Edwina Arington · filed 1994-09-07
Finally, the warden and education facility administrator both filed affidavits stating that they had no personal involvement in Arington's decision to fire plaintiff. These two officials could not be held liable for a constitutional violation because the conduct complained of was not at their direction or with their knowledge and consent.Read the full opinion on CourtListener →
Section 1983 requires proof of a defendant’s personal involvement in the constitutional violation to recover damages.
Lowrance v. Coughlin · filed 1994-09-08
Proof of a defendant’s personal involvement in the alleged constitutional violation is a prerequisite to recovery of damages.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personal responsibility for the alleged constitutional deprivation.
Antonelli v. Sheahan · filed 1994-09-16
To be liable under 42 U.S.C. § 1983, a defendant must have some measure of personal responsibility for the alleged constitutional deprivation.Read the full opinion on CourtListener →
A § 1983 plaintiff opposing summary judgment must identify specific facts showing the defendant’s participation in the deprivation of a protected right and a causal connection to the alleged harm.
Stokes v. Brian McGuire Lt. · filed 1994-09-27
In order to prevent summary judgment, the nonmoving party must (1) set forth specific facts as to the defendant's participation in the deprivation of the protected right, and (2) establish the causal connection between the defendant's action and the harm allegedly suffered.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged deprivation of rights.
Mithrandir v. Robert Brown, Jr. John Jabe Ray Toombs Richard Boody · filed 1994-09-29
Finally, the magistrate judge and district court analyzed Mithrandir's claims alleging violations of due process and right of access to the courts and correctly determined that Mithrandir failed to state facts which would show personal involvement by the named defendants in the confiscation of his legal materials and resultant denial of access to the Michigan Supreme Court.Read the full opinion on CourtListener →
Section 1983 imposes liability only when a defendant acts or fails to act with deliberate indifference or reckless disregard of constitutional rights, or directs or knowingly consents to the conduct causing the deprivation.
Wilson v. Schomig · filed 1994-09-30
It is well established that liability under § 1983 will attach to a defendant only where “she acts or fails to act with a deliberate indifference or reckless disregard of plaintiffs constitutional rights, or if the conduct causing the constitutional deprivation occurs at her direction or with her knowledge and consent.”Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged due process deprivation or responsibility for providing the required hearing to sustain a claim against an individual defendant.
Bedford v. Southeastern Pennsylvania Trans. Authoirty · filed 1994-10-18
There is, however, no evidence that defendants Van de Beek or Pierce were involved in the termination decision or were responsible for providing pretermination hearings for transit police officers.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a defendant participated in or was the moving force behind the constitutional deprivation.
Wagner v. County of Cattaraugus · filed 1994-10-19
To establish the requisite causation under § 1983, plaintiffs must show that the defendant participated in or was the “moving force” behind the constitutional deprivation.Read the full opinion on CourtListener →
A factual dispute over a defendant’s personal involvement in the alleged deprivation can preclude summary judgment on a § 1983 claim.
Hannah v. Sweeney, No. Cv94 0310160s (Nov. 28, 1994) · filed 1994-11-28
It would appear that genuine issues of material fact exist as to whether Sweeney was involved in the incident and the filing of the complaint and whether he would be liable under 42 U.S.C. § 1983 .Read the full opinion on CourtListener →
Section 1983 imposes individual liability on an official only when an affirmative link exists between the official’s conduct and the alleged constitutional deprivation.
Housley v. C.D. Dodson Larry Williams Ed Covey Rick Webb J.M. Kelly and Oklahoma Department of Health · filed 1994-11-29
An official is not individually liable unless an affirmative link exists between that official’s conduct and the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have been personally involved in the events giving rise to the claim before that defendant can be held liable.
Acord v. Robert Brown, Former Director of the Michigan Department of Corrections · filed 1994-12-05
In regard to his claim concerning his tight-fitting shoes, the claim was properly summarily dismissed because he has not shown that the named defendants were personally involved in the events giving rise to his complaint.Read the full opinion on CourtListener →
Section 1983 requires a factual connection between a defendant and the alleged deprivation; a party named only to implement a possible judgment is not liable without involvement in the alleged conduct.
Hamilton v. New York State Department of Mental Hygiene · filed 1994-12-05
The court concludes that the Remedial Defendants are not proper parties to this action. There is no basis on which to hold any of the Remedial Defendants liable under either Title VII, the ADEA, or Section 1983, where there is no factual basis on which to connect these Defendants with a cause of action under the statutes.Read the full opinion on CourtListener →
A § 1983 warrantless-inspection claim cannot proceed against individual defendants without evidence that they conducted the challenged inspections.
Nancy Williams, Richard Williams, Larry James v. City of Little Rock, Barry Burke, Roy Settoon, Billy Tucker, Tracy Roar · filed 1994-12-30
Plaintiffs alleged that warrantless inspections by City officials violated their First, Fourth, Fifth, and Fourteenth Amendment rights. Plaintiffs provided no evidence that any defendants other that Tucker, Roark, and Hyatt ever conducted warrantless inspections. As these three were never served, summary judgment on this claim was proper as to the remaining individual defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation for that defendant to be held liable.
Hodges v. Jones · filed 1995-01-04
Plaintiff, however, has failed to allege any personal involvement by defendants Jones, Keenan or Adler with respect to this claim. Absent some personal involvement, none of these three defendants can be held hable under section 1983 for this claim.Read the full opinion on CourtListener →
Notes 59101–59250 of 71,725, oldest cases first.
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