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 an individual defendant to have personally caused or participated in the alleged constitutional deprivation before liability can attach.
Harper, George v. Albert, Lieutenant · filed 2005-03-17
On a number of occasions we have specifically held that in order for liability to attach under § 1983, “an individual must have personally caused or participated in the alleged constitu- tional deprivation.” See Palmer v. Marion Co., 327 F.3d 588, 594 (7th Cir. 2003), accord Zimmerman v. Tribble, 226 F.3d 568, 574 (7th Cir. 2000).Read the full opinion on CourtListener →
A § 1983 complaint must allege each defendant’s personal involvement in or direct responsibility for the injury.
Coffman v. Nixon · filed 2005-04-21
Among its infirmities, Coffman’s complaint did not specify which of the many named defendants was responsible for each of the alleged harms. See Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) (to state § 1983 claim, plaintiff must allege defendant was personally involved in or had direct responsibility for incidents that resulted in injury).Read the full opinion on CourtListener →
Section 1983 requires facts connecting the defendants to the alleged wrongful arrest; an arrest by other officers alone is insufficient.
Leffler v. Mason County · filed 2005-05-03
The only possible new federal claim for unreasonable seizure was without merit because: (1) it was not supported by legal argument; and (2) the arrest in question was conducted by the Washington State Patrol, not the Mason County Defendants, and Leffler fails to allege facts sufficient to show that the Defendants wrongfully caused that arrest to occur.Read the full opinion on CourtListener →
Section 1983 requires sufficient evidence linking each defendant to the alleged constitutional violation.
Williams v. Prison Health Services · filed 2005-05-09
Having carefully reviewed the record, the parties’ briefs, and the applicable law, we conclude that the district court correctly determined: (1) that Williams has failed to advance sufficient evidence linking defendants Bruce, St. Peter, Cummings, and Prison Health Services to the alleged Eighth Amendment violations ; and (2) that Williams has failed to present sufficient evidence to establish the subjective component of the deliberate indifference standard with regard to his claims against the prison doctor, defendant Dr. Pham .Read the full opinion on CourtListener →
A § 1983 complaint can adequately allege personal involvement when, liberally construed, it alleges that the named defendants were responsible for the deprivation.
Headrick v. Morgan · filed 2005-05-13
Liberally construing Headrick’s pro se pleadings, ... his amended complaint adequately alleges that the named defendants were responsible for his deprivation of outdoor exercise.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison superintendent solely because of his position; the complaint must allege his personal involvement in the rights deprivation.
Garcia v. Rico · filed 2005-05-23
However, upon review, we find no fault with Magistrate Judge Delgado-Colón’s assessment and thus APPROVE and ADOPT her Report and Recommendation as our own. ... Inasmuch as there is no respondeat superior liability under § 1983, the Complaint against him cannot lie.Read the full opinion on CourtListener →
Section 1983 permits a political discrimination claim against officials when the complaint alleges their discriminatory acts or a supervisor’s discriminatory policy carried out through appointees.
Medina Díaz v. González Rivera · filed 2005-05-25
The appearing Defendants argue that Plaintiff Blanca Medina has failed to allege any action or inaction by the appearing co-Defendants within the scope of their responsibility that would make them personally answerable in damages under § 1983. The Court disagrees with Defendants. ... It is further alleged that Zayas failed to perform her supervisory duty to prevent Plaintiffs demotion, which allegedly took place solely for political reasons, and that she appointed people in furtherance of her policy of discrimination. All of this plainly states a claim of discrimination based on political animus. ... Therefore, a § 1983 claim for which relief can be granted has been sufficiently pleaded by Plaintiff.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the constitutional violation.
Scarver v. Litscher · filed 2005-05-27
It is well established that liability under § 1983 must be based on a defendant’s personal involvement in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for an individual defendant to be liable.
Atkins v. County of Orange · filed 2005-06-03
However, absent personal involvement, an individual defendant cannot be liable under § 1983. ... Consequently, because Croci has dismissed his claim against officer Craven and has not provided any evidence of individual involvement on the part of Figueroa or Andricut, summary judgment is warranted with respect to Croci’s excessive force and failure to intervene claims.Read the full opinion on CourtListener →
Section 1983 requires facts connecting the named defendant to the alleged wrongdoing.
Curiale v. Walker · filed 2005-06-07
He alleges no facts that suggest a connection between Ms. Walker and his neighbors’ actions.Read the full opinion on CourtListener →
Section 1983 requires evidence that an official sued in an individual capacity participated in or acquiesced in the alleged constitutional violation.
Owens-El v. Pittsburgh · filed 2005-06-08
Finally, Owens-El failed to establish a genuine issue of material fact with respect to his claims against Murphy, Sirabella and Buford in their individual capacities because he did not demonstrate that they participated in or acquiesced in the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 permits liability only for a defendant who personally causes a deprivation of federal rights.
McLaurin v. New Rochelle Police Officers · filed 2005-06-09
Under § 1983, only a defendant who personally subjects, or causes to be subjected, any person to the deprivation of any federal right will be held liable.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in a constitutional violation; an officer who merely executes a warrant prepared by another officer and signed by a judge is not liable for defects in obtaining it.
Mitchell v. Obenski · filed 2005-06-14
Even if we assume, arguendo, that there were actionable defects in the manner in which Obenski obtained the warrant, Gale is not liable for executing a warrant prepared by another officer and signed by a judge.Read the full opinion on CourtListener →
Section 1983 requires a state official to participate in the alleged deprivation of rights or be responsible for the challenged policy.
Shakur v. Stewart · filed 2005-06-22
The district court properly granted summary judgment to defendant Terry L. Stewart because Shakur failed to raise a genuine issue of material fact as to whether Stewart participated in or was responsible for the validation of Shakur as a prison-gang member, or whether Stewart was responsible for any policy used to retaliate against people who utilize the grievance system. See King v. Atiyeh, 814 F.2d 565, 568 (9th Cir.1987) (state officials are not subject to suit under section 1983 unless they play an affirmative part in the alleged deprivation of constitutional rights).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant personally participated in, or knew of, the alleged constitutional deprivation.
Wilson v. Meyers · filed 2005-06-24
Wilson’s claims against Dr. Meyers and Dr. Greenman fail because Wilson did not allege that they either personally participated in, or knew of, the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 liability for a disclosure requires evidence that the defendant participated in it.
Morgan v. McCormack · filed 2005-06-29
In response, plaintiff has pointed to no evidence even remotely supportive of the view that McCormack was involved in Messenger’s decision to send the letters.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on defendants who participated in the conduct that deprived the plaintiff of a protected right.
Cepero-Rivera v. Fagundo · filed 2005-07-01
As an additional corollary, only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.Read the full opinion on CourtListener →
Section 1983 does not support an illegal-search claim against defendants who did not participate in the search when there is no evidence that a supervisor improperly instructed those who conducted it.
Adams v. City of Auburn Hills · filed 2005-07-11
As it is clearly uncontested that no named defendants were directly involved in the search, and as the Adamses have pointed to no evidence suggesting that Heath made any improper instruction to those conducting the search, we must affirm the district court’s decision to dismiss the illegal-search claim.Read the full opinion on CourtListener →
Section 1983 can hold a state official liable for directing others to inflict a constitutional injury, even if the official did not physically carry out the act.
Meeker v. Edmundson · filed 2005-07-13
Moreover, it is crystal clear that if Meeker can prove, as he alleges, that Coach Edmundson "instituted, permitted, endorsed, encouraged, [and] facilitated" the beatings, Edmundson cannot escape liability simply because he did not administer the beatings with his own hands.Read the full opinion on CourtListener →
Section 1983 individual-capacity liability requires evidence that the defendant participated in the alleged misconduct.
Jones v. Pandey · filed 2005-07-14
Without some evidence that Defendant participated in the alleged activity, there can be no liability against him in his individual capacity.Read the full opinion on CourtListener →
Section 1983 requires evidence that a named defendant was directly involved in the alleged unequal treatment.
Birks v. Galaza · filed 2005-07-15
The district court also properly granted summary judgment on Birks’s equal protection claim, because Birks did not provide any evidence to show either that other similarly situated prisoners were treated more favorably without any rational basis, see Rodriguez v. Cook, 169 F.3d 1176, 1180-81 (9th Cir.1999), or that Barton or any named defendant was directly involved in any unequal treatment, see Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order).Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on city commissioners who did not participate in the alleged deprivation of rights.
Koch v. City of Hutchinson · filed 1987-04-29
The city commissioners did not participate in Koch’s demotion. ... It is not erroneous to hold, therefore, that no reasonable jury could find the city commissioners individually liable for any deprivation of rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Bryant v. Callahan · filed 2005-07-21
The jury obviously chose to believe the defendants’ witnesses that none of the named defendants were personally involved in Bryant’s continued confinement. “Personal involvement is an essential element of a civil rights cause of action.”Read the full opinion on CourtListener →
Section 1983 claims against school officials may proceed when alleged deliberate indifference to a racially hostile educational environment could establish their personal involvement.
Barmore v. Aidala · filed 2005-09-07
The defendants’ deliberate indifference to the race-based hostile environment, if it existed, would be the “personal involvement” sufficient to maintain the claim against them. Accordingly, the Section 1983 claims against Villafane, Douglas, and McCann will not be dismissed on this motion but can be challenged again on summary judgment.Read the full opinion on CourtListener →
Section 1983’s personal involvement requirement is satisfied when an official deliberately disregards a plaintiff’s constitutional rights.
Williams, Jason v. Snyder, Donald · filed 2005-09-26
An official will satisfy the personal-involvement requirement of § 1983 if he deliberately disregards the plaintiff’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s direct or personal involvement in the alleged constitutional deprivation to support a damages claim.
Roque v. Armstrong · filed 2005-09-29
In order to state a claim for damages under section 1983, the plaintiff must demonstrate the defendant’s 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 personal involvement by each individual defendant; alleged wrongdoing by a government department alone does not establish individual liability.
Vives v. Fajardo · filed 2005-10-12
Plaintiffs cannot rely on an alleged malfeasance by the DOE to sustain a Section 1983 claim against the individual Defendants in the absence of a personal involvement by such plaintiffs in the alleged wrongs.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant was personally involved, directly or indirectly, in the alleged deprivation of rights.
Piscottano v. Town of Somers · filed 2005-10-14
Because Piscottano has not presented a genuine issue of material fact as to whether Mclntire deprived her of her constitutional rights, either directly or indirectly, the motion for summary judgment is granted to the extent it seeks summary judgment on behalf of Mclntire.Read the full opinion on CourtListener →
Section 1983 can impose liability on a prison official who knew of a constitutional violation and facilitated, approved, condoned or deliberately ignored it, even without direct participation.
Reimann v. Frank · filed 2005-10-21
Although these officials were not personally involved in the allegedly unconstitutional searches, they may still be liable under § 1983 because a prison official need not participate directly in a constitutional violation for liability to attach.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged deprivation for an action to lie under the section.
Ward v. Ernest R. Sutton Kay Oak · filed 1987-11-25
In the absence of personal involvement in the wrong complained of, no action lies under Sec. 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the asserted constitutional violation and a causal relationship between the defendant’s conduct and that violation.
Dukes v. Dep. Supt. of Sec. A · filed 2005-11-03
Athough Dukes’s complaint states that each of these defendants personally failed to act on knowledge of the assault on Dukes, this is insufficient to state an independent constitutional violation, and no causal relationship between these failures and the assault is alleged.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing multiple defendants to show that each defendant personally violated the plaintiff’s constitutional rights.
Estate Robert Smith v. Marasco · filed 2005-11-30
In order to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights.Read the full opinion on CourtListener →
A § 1983 plaintiff suing multiple defendants must show that each defendant personally violated the plaintiff’s constitutional rights; one defendant’s knowledge cannot be imputed to the others.
ESTATE OF · filed 2005-11-30
In order to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights. Thus, to the extent that knowledge of Smith's medical condition would alter the excessive force inquiry as to individual defendants, the Smiths must point to some evidence from which we could conclude that those particular defendants had knowledge of Smith's condition.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in a constitutional deprivation.
Charise Pepper v. Village of Oak Park and Leonard Donaire · filed 2005-11-30
Under any theory, to be liable under § 1983, the individual defendant must have “caused or participated in a constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personal involvement in the alleged wrongs.
Bobko v. Lavan · filed 2005-12-07
The District Court properly granted the defendants’ motion to dismiss in part, dismissing two defendants Bobko conceded should be dismissed, and dismissing other individuals either because they were not personally involved in the events underlying his claims or merely failed to respond to his letters about his grievance. See Rode v. Dellarciprete, 845 F.2d 1195, 1207-08 (3d Cir. 1988) (stating a defendant in a civil rights action must have personal involvement in the alleged wrongs).Read the full opinion on CourtListener →
Section 1983 personal liability is sufficiently pleaded against a jail medical director when the complaint alleges she knew of a serious medical need and failed to act.
Harry Maddox, III v. Davis · filed 2005-12-08
Finally, Maddox sufficiently alleged Davis’s knowledge and failure to act.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have participated in the alleged deprivation of constitutional rights.
Stewart v. Stewart · filed 2005-12-16
The district court properly granted summary judgment on Stewart’s due process claim because Stewart failed to raise a triable issue of fact as to whether defendants participated in the alleged due process violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for damages liability.
Shidler v. Moore · filed 2006-01-03
Section 1983 creates a cause of action for damages based on personal liability. A person cannot be held liable under § 1983 unless the person was personally involved in the alleged wrongdoing.Read the full opinion on CourtListener →
A § 1983 plaintiff must offer evidence of the defendant’s personal involvement in the challenged action to withstand summary judgment.
Sanders, Eric v. Collins, Susan · filed 2006-01-05
All that remains, then, is Sanders’s observation that during the telephonic hearing he told the district court he received a letter from Collins in which she admitted having “requested the Lake County Jail Warden to place him in the lockdown section.” ... Sanders thus failed to offer any evidentiary support for his allegation about the letter that could overcome a renewed motion for summary judgment.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal responsibility for the claimed constitutional deprivation, but direct participation is not required.
Adsit v. Kaplan · filed 2006-01-19
The Court of Appeals for the Seventh Circuit has held that to recover damages under § 1983, a petitioner must establish each respondent’s personal responsibility for the claimed deprivation of a constitutional right. A respondent’s direct participation in the deprivation is not required. ... Petitioner’s allegation that he told respondent Smith about the pain he was experiencing is sufficient to meet his burden of stating a claim against respondent Smith and I will grant him leave to proceed on this claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be responsible for the challenged deprivation; officials who neither imposed a parole condition nor had power to remove it cannot be liable for it.
Munson v. Norris · filed 2006-01-24
The remaining defendants on remand--RSVP and ADC officials--were not responsible for the parole condition and had no power to remove it.Read the full opinion on CourtListener →
A § 1983 claim cannot proceed against defendants who are not alleged to have participated in the acts underlying the surviving claims.
Gatson v. Coughlin · filed 1988-02-17
Since defendants Dukelow and Cunningham were not alleged to have participated in the acts giving rise to any of the claims remaining in the case, plaintiff’s complaint against those defendants is dismissed.Read the full opinion on CourtListener →
Section 1983 provides no basis for a due process claim against individuals who had no role in the alleged procedural omission.
Barrow v. Arizona Board of Regents · filed 1988-03-24
Since it was clear that the only Code of Conduct procedure Barrow did not receive was the initial informal conference with Jones, we see no basis for his § 1983 action seeking $1 million in punitive damages against four other individuals.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation; a supervisor’s knowledge of assaults and failure to act can satisfy that requirement.
Eng v. Coughlin · filed 1988-04-18
Accepting these claims as true, they show sufficient personal involvement on Scully’s part to deny partial summary judgment in his favor.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a warden for delayed inmate mail without evidence that he handled the mail or instituted a regulation or practice causing the delay.
Gramegna v. Willie Johnson, Warden, Beatrice Jones, Class Specialist Central Records, Alabama Department of Co · filed 1988-06-07
As to appellee Johnson, the testimony of Jones established that this particular piece of mail did not pass through his hands, but came directly to Jones. No evidence disclosed that Johnson, as Warden of Holman Prison, instituted any regulation or engaged in any practice which would delay the prisoners' receipt of mail.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in the alleged deprivation.
Summers v. Salt Lake County · filed 1989-06-01
Further, it is the clear law of the Tenth Circuit that, in order to be liable under § 1983, “a defendant must have personally participated in the alleged deprivation.”Read the full opinion on CourtListener →
Section 1983 requires allegations that the named defendant’s own action deprived the plaintiff of a protected right.
Boxer X v. Harris · filed 2006-01-27
This decision is correct because Boxer did not allege that any action by Harris deprived Boxer of any procedural rights to which he was entitled.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to be personally involved in the alleged deprivation; officials are not liable for an independent board’s decision they did not influence.
Kelly v. Burks · filed 2006-02-07
There are no allegations that either Burks or Patton exercised any improper influence over the decision of the Personnel Board to dismiss Plaintiffs appeal, and as the denial of a hearing was the Board’s decision, the individual capacity claims against Burks and Patton must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a connection between the defendant and the alleged deprivation; a judge is not liable for a seizure by a bailiff who is not alleged to be under her control.
Goldschmidt v. Coco · filed 2006-02-07
The complaint alleges that plaintiff was detained by the bailiff to another judge, to whose courtroom plaintiff had gone following his ejection from the courtroom of Judge Coco. There is no allegation that the person who detained him was under the control of Judge Coco.Read the full opinion on CourtListener →
Section 1983 permits an unlawful arrest claim against an investigating officer who participated in the arrest decision, even if the officer did not make the arrest.
New v. Fleming · filed 2006-02-08
We are not persuaded by Johnson’s argument that he is entitled to summary judgment because of his limited involvement as an investigating officer. We have recognized that investigating officers may be subject to liability for unlawful arrest even where they did not participate in the actual arrest.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; respondeat superior alone does not establish liability.
Brooks v. Beard · filed 2006-02-14
However, because this is an action under § 1983, Brooks cannot rely solely on respondeat superior as a theory of liability; rather, he must show personal involvement by Appellees by alleging personal direction, actual knowledge, or acquiescence.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement for damages; a supervisor’s signature on an inmate’s appeal decision can create a factual dispute about that involvement.
Bussey v. Phillips · filed 2006-03-10
Thornton’s signature suggests at least some level of review of Bussey’s case. Thus, on the record as it currently stands, the Court cannot conclude that there is no genuine issue of material fact as to Thornton’s involvement.Read the full opinion on CourtListener →
A § 1983 claim must implicate the named defendant in the alleged wrongdoing; vague and conclusory allegations do not state a claim.
Quick v. Mann · filed 2006-03-15
As for Quick’s remaining claims, we agree with the district court that they either fail to implicate Mann, the only defendant named in Quick’s complaint, or they are simply too vague and conclusory to state a claim upon which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant personally participated in the alleged constitutional deprivation.
Garnier v. Miller-Stout · filed 2006-03-17
The district court’s summary judgment in favor of defendants Miller-Stout, Agar, and Mason was proper because Garnier failed to allege that they knew of, or personally participated in, the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 does not impose liability for retaliation on prison administrators who did not participate directly in the disciplinary decisions underlying the claim.
Stanton, Thomas D. v. Pausma, Phil · filed 2006-03-29
And Stanton did not allege that any of these seven individuals participated directly in the disciplinary decisions that formed the basis for his retaliation claims.Read the full opinion on CourtListener →
Section 1983 requires proof of each defendant’s personal involvement, which may be shown through personal direction or actual knowledge and acquiescence.
Higdon v. Wells County Sheriff's Office · filed 2006-04-05
Defendants correctly note that to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights. ... Personal involvement may be shown by allegations of personal direction or actual knowledge and acquiescence.Read the full opinion on CourtListener →
Section 1983 requires an official sued for damages to be personally responsible for the deprivation of a constitutional right.
Johnson, Andre v. Snyder, Donald T. · filed 2006-04-05
Thus, Johnson has not shown that Snyder personally facilitated, approved, condoned, or turned a blind eye to Johnson’s situation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages to establish that the defendant was personally responsible for the deprivation of a constitutional right.
Johnson v. Donald T. Snyder, Eugene McAdory Assistant Warden, Pam Grubman · filed 2006-04-05
Since a section 1983 cause of action is against a “person,” in order “[t]o recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.”Read the full opinion on CourtListener →
Section 1983 claims against individual officers can survive a motion to dismiss for lack of personal involvement when the pleadings adequately allege their participation.
Messina v. Mazzeo · filed 1994-05-24
However, based on the pleadings, the motion to dismiss the Section 1983 causes of action against the individual defendants, for failure to adequately allege personal involvement, is denied.Read the full opinion on CourtListener →
Section 1983 requires evidence that a named defendant was personally involved in the challenged deprivation of rights.
Cardenas v. Ray · filed 2006-04-10
The district court did not err when it granted summary judgment in favor of defendants because Cardenas did not present evidence that any of the named defendants made the determination to send him to disciplinary segregation without a hearing on December 22,1998.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal participation in the alleged deprivation.
Welch v. Sethi · filed 2006-04-17
The district court properly granted summary judgment for defendants because Welch failed to raise a triable issue of fact as to whether Dr. Kordan was deliberately indifferent to his serious medical needs and conceded in his deposition that Dr. Sethi was not his treating physician.Read the full opinion on CourtListener →
Section 1983 requires a city official’s personal involvement in a constitutional violation for individual liability.
Ernst v. City of Bellingham · filed 2006-04-18
Because Asmundson could only be liable if he was personally involved in violating Ernst’s constitutional rights, Mackinney v. Nielsen, 69 F.3d 1002, 1008 (9th Cir.1995), he was entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant caused or participated in a constitutional deprivation.
Fidler v. City of Indianapolis · filed 2006-04-20
The court agrees. “Section 1983 creates a cause of action based upon personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.” ... There is no evidence that Officer Hendricks caused or was involved in these events, and Fidler’s response to defendants’ motion does not contend otherwise. The court grants defendants’ motion for summary judgment as to the § 1983 claims against Officer Hendricks.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; alleging that an officer was present at a raid and grossly negligent is insufficient.
Martinez-Rivera v. Ramos · filed 2006-05-04
Hence, merely alleging that defendant Bencebi was “among the officers who conducted the raid”, and that he was “grossly negligent,” without more, is not sufficient to establish an involvement of the kind required by section 1983.Read the full opinion on CourtListener →
An official is personally liable under Section 1983 only for a deprivation the official caused.
Merritt v. M. D. Reed · filed 1997-07-15
Merritt presented no evidence to establish that either defendant Reed or Lanehart made the reasons for his termination public. See Kentucky v. Graham, 473 U.S. 159, 166 (1985) (to establish personal liability in section 1983 action, plaintiff must show that defendant official caused deprivation of right). The uncontroverted facts of this case show that neither Reed nor Lanehart informed any prospective employers of the reasons for Merritt's termination.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting each defendant personally to the alleged deprivation of rights.
McCabe v. Prison Health Services · filed 1997-11-14
Although McCabe need not present an expert witness to proceed to trial, he must provide evidence that, if believed by a reasonable fact-finder, would show that each of the defendants knew, or should have known, of his serious medical need, and was deliberately indifferent to it.Read the full opinion on CourtListener →
Section 1983 requires proof that a defendant personally participated in the alleged deprivation.
Estate of Ricci v. Salt Lake City Corp. · filed 2006-05-17
On the record before us, there is no genuine dispute about the city defendants’ lack of involvement in the conditions of M r. Ricci’s confinement and his unfortunate death. In the context of this case, their reasons for singling out M r. R icci as a suspect have no legal significance. See M itchell v. M aynard, 80 F.3d 1433, 1441 (10th Cir. 1996) (stating that proof of personal participation is essential to recovery on a § 1983 claim).Read the full opinion on CourtListener →
Section 1983’s personal involvement requirement can be met when an official fails to act on information indicating that unconstitutional acts are occurring.
Shepherd v. Hogan · filed 2006-05-18
Finally, we note that because personal involvement for purposes of 42 U.S.C. § 1983 can be established by showing that ... “the official exhibited deliberate indifference to the rights of others by failing to act on information indicating that unconstitutional acts were occurring,” see Johnson v. Newburgh Enlarged Sch. Dist., 239 F.3d 246, 255 (2d Cir.2001), it appears that Shepherd will have satisfied this requirement if he satisfies his burden under the subjective prong of the Eighth Amendment analysis.Read the full opinion on CourtListener →
Section 1983 does not permit liability based on respondeat superior without the defendant’s personal involvement in the alleged deprivation.
Salley v. PA Department of Corrections · filed 2006-05-23
Since liability under § 1983 cannot be based on a theory of respondeat superior, Salley has no claim against Lasky.Read the full opinion on CourtListener →
Section 1983 claims against individual officials can survive a motion to dismiss when the allegations sufficiently connect them to violations of the plaintiff’s rights.
Corey Airport Services, Inc. v. City of Atlanta · filed 2006-05-24
We agree with the district court’s conclusion that Corey has made sufficient allegations connecting the individual defendants to violations of Corey’s equal protection rights to withstand a motion to dismiss and for the individual defendants to move to the next stage of litigation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that the named defendants were personally responsible for the alleged constitutional deprivation.
Schubert v. Page · filed 2001-06-19
And although two of Schubert’s witnesses testified that several guards stood by and watched Schubert being beaten unconscious, those guards were not these defendants.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be linked to the alleged deprivation; officials who placed a prisoner in a cell are not liable for its conditions without involvement in or knowledge of those conditions.
Riggins v. Andrew Walter, Russell Ticer, T. Thomas · filed 2001-11-30
Although a claim under the Eighth Amendment may be based on a deprivation that occurs at the prison official’s direction or with his or her knowledge or consent, ... Riggins has failed to link these defendants to the alleged constitutional deprivation, which in ... volves the conditions of the cell and not the institutional process that placed him in it.Read the full opinion on CourtListener →
Section 1983 treats officers who enforce a challenged parole condition as personally involved in any resulting constitutional violation, even if they did not impose the condition.
Farrell v. Corey Burke and Gregory Freeman, Docket No. 05-0169 Cv · filed 2006-05-31
The district court erred, however, in failing to note that Burke and Freeman actually enforced the Special Condition by arresting Farrell, which would clearly constitute personal involvement in any violation of Farrell’s constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Landrum v. McKinney · filed 2006-06-08
As Landrum has not alleged that Harrison was personally involved in his October 2001 reassignment to the garment factory, we affirm the grant of summary judgment as to that claim.Read the full opinion on CourtListener →
Section 1983 does not impose individual liability on an officer for another officer’s sudden use of excessive force when the first officer did not direct it or have an opportunity to prevent it.
Baltimore v. City of Albany, Georgia · filed 2006-06-09
As such, there is no evidence that Cpl. Rizer was individually responsible for the excessive force at issue, the blow to the head. The district court therefore erred in denying Cpl. Rizer qualified immunity.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in alleged retaliatory conduct to establish a causal connection for a First Amendment retaliation claim.
Smith v. Department of General Services · filed 2006-06-12
Smith fails to recognize that a claim of First Amendment retaliation requires personal involvement in the alleged retaliatory conduct so that there is a causal connection.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant personally participated in or knowingly acquiesced in the alleged deprivation.
Oakley, James v. Cowan, Roger · filed 2006-06-29
To survive summary judgment, a plaintiff claiming a violation of § 1983 must produce evidence that the defendant knew of a deprivation and “‘approved it, turned a blind eye to it, failed to remedy it, or in some way personally participated.’” Johnson v. Snyder, 444 F.3d 579, 584 (7th Cir. 2006) (quoting Vance v. Peters, 97 F.3d 987, 994 (7th Cir. 1996)).Read the full opinion on CourtListener →
Section 1983 liability for excessive force requires evidence that the defendant was involved in the alleged use of force.
Bias v. Lundy · filed 2006-07-07
Because there was no evidence that Guillory, Lundy, Malone or Ryan were involved in the alleged use of excessive force, the magistrate judge properly granted judgment in their favor.Read the full opinion on CourtListener →
A § 1983 complaint must allege facts connecting a defendant to the claimed deprivation; conclusory allegations about an unidentified actor do not state a claim.
Hernandez v. Arellano · filed 2006-07-14
He conceded in the amended complaint that he did not know who made the alleged change to his email account or how it was done. The conclusory allegations do not state a claim for relief.Read the full opinion on CourtListener →
A § 1983 selective-prosecution claim requires allegations linking each defendant to the alleged prosecution.
Burns v. Citarella · filed 2006-07-18
In the absence of any allegations linking Murphy, Iaropoli or Nicholson to the institution of criminal proceedings against her, plaintiff fails to state a claim against them for selective prosecution.Read the full opinion on CourtListener →
Section 1983 individual-capacity liability requires personal involvement in the alleged deprivation; alleging that the defendant personally terminated the plaintiff satisfies that requirement at the pleading stage.
Rangel v. Brown · filed 2006-07-26
Viewing the allegations in the light most favorable to Rangel, Rangel has alleged that Brown personally terminated her. This is enough to allege Brown was personally involved in the deprivation of Rangel’s constitutional rights. Therefore, Rangel has stated a § 1983 claim against Brown in her individual capacity, and I deny Brown’s motion to dismiss as to this portion of Count I.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; membership on a committee that recommends continued confinement does not establish involvement when the member is not alleged to have exercised de facto power over the decision.
Smart v. Goord · filed 2006-07-27
Smart has not alleged that any member of the review committee exercised de facto power over her continued confinement. ... Accordingly, Smart’s due process claims against Defendants McElroy, Lemmerman, Petrino, Su-bin, Hammond, Lemmerman, and Favale must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the alleged actions for liability to attach.
Bonham v. Givens · filed 2006-07-27
As to taking his property, none of the named defendants had any involvement, and a defendant must be personally involved in the alleged actions for liability to attach under section 1983.Read the full opinion on CourtListener →
A § 1983 plaintiff suing multiple individuals must show that each defendant personally violated the plaintiff’s rights.
Kaucher v. County of Bucks · filed 2006-08-02
Furthermore, “[i]n order to prevail on a § 1983 claim against multiple defendants, a plaintiff must show that each individual defendant violated his constitutional rights.” Estate of Smith v. Marasco (Smith II), 430 F.3d 140, 151 (3d Cir. 2005). Here, the Kauchers have not alleged facts demonstrating personal involvement of any named individual defendant other than Gubernick, who they allege violated their substantive due process rights by issuing the memorandum regarding MRSA in the jail.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personal involvement in the constitutional violation to be liable.
Hoffman v. Kelz · filed 2006-08-03
Liability under § 1983 must be based on a defendant’s personal involvement in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the unconstitutional action alleged.
McReynolds v. Johnson · filed 2006-08-03
In dismissing McReynolds’s complaint, the court relied in part on the absence of harm caused by the missed appointment, and on McReynolds’s failure to show that any defendant was personally responsible for any unconstitutional action. Following careful review, see Johnson v. Bi-State Justice Ctr., 12 F.3d 133, 135-36 (8th Cir. 1993) (standard of review), we affirm.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement, through presence at the wrongful act or direction of or cooperation in the violation.
Candelaria v. Valdez · filed 1973-01-18
Personal involvement requires that the person charged be present at the time of the wrongful acts or that the person charged directed or cooperated in the violation.Read the full opinion on CourtListener →
Section 1983 permits a false arrest claim against an officer whose false report leads to a Fourth Amendment seizure, even if another officer makes the arrest.
Acevedo, Edward v. Canterbury, Dennis · filed 2006-08-10
A police officer who files a false report may be liable for false arrest if the filing of the report leads to a seizure in violation of the Fourth Amendment, even if he did not conduct the arrest himself.Read the full opinion on CourtListener →
Section 1983 personal involvement may be established when an official knows of an alleged violation and deliberately fails to act, even if the official did not initiate it.
Narducci v. Village of Bellwood · filed 2006-08-11
These facts certainly raise a genuine question as to whether Moore acted (or failed to act) with deliberate indifference or “turned a blind eye” to the taping, and summary judgment as to Narducci’s Section 1983 claim on this ground must therefore be denied.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.
Taylor v. Oney · filed 2006-08-24
“A defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.” Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). Taylor failed to produce any evidence of the personal involvement of any of the individual defendants in the opening of his legal mail.Read the full opinion on CourtListener →
Section 1983 does not impose liability on dispatchers for a seizure in which they did not directly participate when there is no evidence of deliberate indifference or recklessness.
Smoak v. Hall · filed 2006-08-25
Given that there is no evidence of deliberate indifference or recklessness on the part of Brock and McHood, the Smoaks have not established a basis to hold the THP dispatchers accountable for a seizure in which they did not directly participate.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting an individual defendant to the adverse action underlying a retaliation claim.
Freitag v. Ayers · filed 2006-09-13
There is no evidence that Lopez is liable for retaliation under § 1983 because there is no evidence that he was responsible for, participated in, or even had knowledge of, any adverse employment action taken against Frei-tag. He did not contribute to the decision to relieve Freitag from her duty in the SHU, to refer her for psychiatric evaluation, to initiate the internal affairs investigations, or to terminate her. Thus, we reverse the jury verdict with respect to Lopez.Read the full opinion on CourtListener →
Section 1983 requires a triable issue of fact about a defendant’s involvement in the alleged violation to avoid summary judgment.
Craver v. Bahadursingh · filed 2006-09-13
The district court properly granted summary judgment to defendant T. Smith because Craver failed to raise a triable issue of fact regarding her involvement in the alleged violations.Read the full opinion on CourtListener →
Section 1983 requires proof that a defendant was personally involved in the alleged constitutional violation to recover damages.
Paul v. City of Rochester · filed 2006-09-21
Defendants Black and Drennan are entitled to summary judgment for the additional reason that plaintiff cannot show that either was personally involved in the alleged constitutional violation. “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 evidence connecting an individual defendant to the challenged detention.
Krantz v. City of Toledo Police Department · filed 2006-09-20
We also find summary judgment was properly entered in favor of Gray because there was no evidence that Gray participated in the stop or the detention.Read the full opinion on CourtListener →
Section 1983 permits liability against board members who directly participate in disciplining employees to punish their exercise of constitutional rights.
Skehan v. Village Of Mamaroneck · filed 2006-09-26
However, assuming that the district court was correct, as we must, we agree that if the Board, apart from Flynn, charged and suspended the plaintiffs, at least in part, to punish them for the exercise of their constitutional rights, a legally adequate theory for liability under § 1983 would be presented.Read the full opinion on CourtListener →
Section 1983 plaintiffs may allege that supervisors caused constitutional violations through their policies without detailing each defendant’s individual contribution before discovery.
Hydrick v. Hunter · filed 2006-09-28
At this stage of pleading, however, they need not specifically delineate how each Defendant contributed to the violation of their constitutional rights. ... Therefore, we hold that Plaintiffs have sufficiently alleged Defendants’ role in the alleged constitutional violations against SVPs to survive this motion to dismiss.Read the full opinion on CourtListener →
Section 1983 damages require the defendant’s personal involvement in the alleged constitutional deprivation.
Dupree v. Pough · filed 2006-09-29
“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.” ... To the extent that plaintiff can state a procedural due process challenge to his period of confinement between the original maximum expiration date and the date on which he requested an adjournment (during which the final revocation hearing was adjourned twice for reasons that are unclear), plaintiff has not alleged what role, if any, Pough had in allowing the parole warrant to remain extant during this period.Read the full opinion on CourtListener →
Section 1983 requires a sufficient causal connection between the defendant and the constitutional violation.
Kritenbrink v. Crawford · filed 2006-10-12
Liability under the Civil Rights Act, 42 U.S.C. § 1983 (2006), requires a finding of a sufficient causal connection between the defendant and the constitutional violation at issue.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s direct personal responsibility for the deprivation of a constitutional right.
Trujillo v. Williams · filed 2006-10-17
In order for liability to arise under § 1983, a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right must be established.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged discrimination or retaliation to establish personal liability.
Mallard v. Tomlinson · filed 2006-10-30
Since M r. M allard had to show M r. Price’s personal involvement in the alleged discrimination or retaliation in order to establish personal liability under 42 U.S.C. § 1983, Grimsley v. M acKay, 93 F.3d 676, 679 (10th Cir. 1996), summary judgment was proper.Read the full opinion on CourtListener →
Section 1983 retaliation liability requires evidence connecting the defendant to an adverse employment action.
Freitag v. Ayers · filed 2006-11-02
There is no evidence that Lopez is liable for retaliation under § 1983 because there is no evidence that he was responsible for, participated in, or even had knowledge of, any adverse employment action taken against Freitag.Read the full opinion on CourtListener →
Section 1983 damages liability requires proof of the individual defendant’s personal involvement in the alleged wrong.
Tate v. Gusman · filed 2006-11-07
Proof of an individual defendant’s personal involvement in the alleged wrong is, of course, a prerequisite to his liability on the claim for damages under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged retaliation.
Lustig v. Mondeau · filed 2006-11-08
Because plaintiff cannot demonstrate that these defendants were personally involved in the later incident of alleged retaliation, summary judgment was properly entered on this claim.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have participated directly in the alleged constitutional violation.
Harder v. Village of Forest Park · filed 2006-11-09
Thus, to hold an individual liable under § 1983, the defendant must have participated directly in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires allegations showing that each named defendant was personally involved in the conduct underlying the claim.
Boykin v. SIENA HOUSE GAUDENZIA PROGRAM · filed 2006-11-09
Finally, in order to state a viable claim under 42 U.S.C. § 1983, each named defendant must be shown, via the complaint’s allegations, to have been personally involved in the events or occurrences which underlie a claim.Read the full opinion on CourtListener →
Section 1983 requires a prisoner alleging a retaliatory transfer to show that the defendants were responsible for the transfer.
Miller v. Figueroa · filed 2006-11-13
The district court properly granted summary judgment to defendants on Miller’s retaliatory transfer claim because he did not demonstrate that defendants were responsible for having him transferred.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a defendant for acts in which the defendant was not personally involved.
Hansen v. Schubert · filed 2006-11-20
There is no dispute that defendant Schubert was the only defendant who was personally involved in the preliminary investigation up to the point when the warrant was actually obtained. Therefore, none of the other defendants can be held liable for acts occurring prior to the issuance of the warrant.Read the full opinion on CourtListener →
Section 1983 does not make an arresting officer liable for later detention after the officer has no further contact with or responsibility for the detainee.
Tibbs, Ronald v. City of Chicago · filed 2006-11-27
In any event, Officer Kooistra had no contact with Tibbs and no responsibility for him after he was taken to the lockup area of the jail some thirty minutes after the arrest, so it is hard to see how he could be held liable based on Tibbs’s two-day detention.Read the full opinion on CourtListener →
Section 1983 does not make an officer liable for a fellow officer's actions merely because the officer was present at the scene.
Calvi v. Knox County · filed 2006-12-11
His mere presence at the scene, without more, does not by some mysterious alchemy render him legally responsible under section 1983 for the actions of a fellow officer.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to establish that the defendant was personally responsible for the deprivation of a constitutional right.
Shigemura, Edward v. Duft, Diane · filed 2006-12-21
But “to recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.”Read the full opinion on CourtListener →
A § 1983 excessive-force claim against a named officer requires evidence from which a reasonable jury could find that the officer personally used the alleged force.
Stegall v. Audette · filed 2006-12-29
The burden therefore shifts to Stegall, who must present evidence that would allow a reasonable jury to find that Mott did attack her, despite the contrary evidence on the record.Read the full opinion on CourtListener →
Section 1983 does not make a defendant responsible for others’ acts based solely on general allegations that they acted together, without facts connecting the defendant to those acts.
Weathers v. Ebert · filed 1974-11-13
The other allegations are only general statements that he acted in concert with others. ... These, unsupported by averments of communication, consultation, cooperation, or command, do not make him responsible under § 1983 for the acts of others.Read the full opinion on CourtListener →
Individual-capacity liability under § 1983 requires personal involvement in the constitutional deprivation.
Mombourquette Ex Rel. Mombourquette v. Amundson · filed 2007-01-12
In contrast, an individual capacity suit requires a showing a personal involvement.Read the full opinion on CourtListener →
Section 1983 damages liability requires the defendant’s personal involvement, participation, or direct responsibility for the complained-of conditions.
Fields v. Roswarski · filed 2007-01-12
Section 1983 creates a cause of action for damages based on personal liability; a plaintiff must show the defendant’s personal involvement or participation, or direct responsibility for the conditions of which he complains.Read the full opinion on CourtListener →
A § 1983 claim cannot proceed against a named defendant who had no involvement with the plaintiff’s alleged injury.
Baez v. Kahanowicz · filed 2007-01-17
Because the Court finds that the named defendant had no involvement with plaintiff, and that plaintiffs failure to exhaust administrative remedies would bar his claims in any event, the Court is compelled to dismiss this action.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability; a defendant must directly participate in a constitutional violation to be liable.
Cain v. Budz · filed 2007-01-18
Section 1983 does not allow for vicarious liability; to be liable for a constitutional violation, a defendant must directly participate in a constitutional violation.Read the full opinion on CourtListener →
Section 1983 due process claims against individual defendants require allegations that they participated in the allegedly unconstitutional acts.
Cormack v. Settle-Beshears · filed 2007-01-23
His due process claims against the individual appellees should be dismissed because Cormack's complaint fails to allege that they participated in the acts which he alleges were unconstitutional.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have directly participated in the alleged constitutional violation.
Adams v. Dyer · filed 2007-02-09
At no point in the pleadings submitted to this court does Adams aver that Dyer or Stine were personally involved in transporting him from the bedroom to the police car. Nor does Adams present any evidence on this point. Accordingly, we affirm the district court’s grant of summary judgment in favor of Dyer and Stine as to Claim Two. See M cKee v. Heggy, 703 F.2d 479, 483 (10th Cir. 1983) (holding that an individual cannot be held liable in a § 1983 action unless he directly participated in the alleged constitutional violation).Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement; merely identifying an official as the head of a board does not state an individual-capacity claim against her.
Dommisse v. Napolitano · filed 2007-02-14
Dommisse mentions Janet Na-politano, by name, only once stating that she heads the Board. This single mention is insufficient to state a claim against her.Read the full opinion on CourtListener →
An officer or sheriff who had no involvement in another deputy’s arrest decision cannot be held liable for that deputy’s false arrest under § 1983.
Wolk v. Seminole County, Fla. · filed 2007-02-16
No evidence exists to indicate that any of the other Defendants were involved in Deputy Klein’s decision to arrest Plaintiff (in fact, as noted previously, Deputy Klein herself stated that none of the other officers had any involvement in the decision to arrest Plaintiff). As a result, a section 1983 claim against Deputy Hilton, Deputy Dickens, and Sheriff Eslinger cannot proceed with regard to the false arrest claim, and summary judgment is granted as to all three individuals.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a rights violation; denying a grievance alone does not establish a claim without facts linking the denial to a violation.
Warren v. Goord · filed 2007-03-06
However, plaintiff does not explain how a denial of a grievance violates plaintiffs constitutional or federal rights so as to state a claim under § 1983. Because plaintiff has failed to allege any relevant facts that would give rise to a failure to protect claim, and because he has not alleged that Eagen violated any of his other rights, the Court dismisses the claim against Eagen.Read the full opinion on CourtListener →
Individual liability under § 1983 requires personal involvement in the challenged conduct; supervisory status and unsupported claims of policy adoption do not suffice.
Dotson v. Wilkinson · filed 2007-03-12
A party cannot be held liable under Section 1983 unless the party personally participated in, or otherwise authorized, approved or knowingly acquiesced in, the allegedly unconstitutional conduct. ... Mr. Dotson’s bald assertions to the contrary, that defendants “adopted and implemented” policy does not state a claim against Director Wilkinson or Dr. Martin in their individual capacities.Read the full opinion on CourtListener →
Section 1983 plaintiffs may allege defendants’ involvement generally at the pleading stage when they cannot yet identify each defendant’s exact role.
Miller, Dale v. Fisher, Bruce R. · filed 2007-03-12
Miller has alleged generally that the defendants were involved in placing Sherman in his unit despite knowing the substantial risk that Sherman posed to his safety. This is enough to put the defendants on notice of what they are accused of.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant to be personally responsible for the alleged deprivation.
Jones, Charles v. Drew, Donna · filed 2007-03-12
In addition, we have repeatedly noted that liability under § 1983 arises only when a defendant is personally responsible for the deprivation of which the plaintiff complains.Read the full opinion on CourtListener →
Section 1983 does not require a defendant’s personal involvement in the alleged violations when the plaintiff seeks only injunctive relief.
Jacobs, Chris J. v. Frank, Matthew J. · filed 2007-03-12
If this was a damages action the Secretary’s lack of personal involvement would be conclusive, see Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir. 2006); Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995), but since Jacobs sought only injunctive relief it is irrelevant whether the Secretary participated in the alleged violations, see Houston v. Sheahan, 62 F.3d 902, 903 (7th Cir. 1995); Ogden v. U.S., 758 F.2d 1168, 1177 (7th Cir. 1985).Read the full opinion on CourtListener →
A § 1983 retaliation complaint must identify a defendant who retaliated or who directed or knew of the alleged retaliation by others.
Gully v. Maynard · filed 2007-03-13
Finally, we conclude that Gully failed to state a retaliation claim, as he did not specify any named defendant who retaliated against him or who directed or knew of the alleged retaliation by unnamed others.Read the full opinion on CourtListener →
Section 1983 requires facts showing an official’s personal involvement in the alleged constitutional violation to hold that official individually liable.
Burkett v. City of El Paso · filed 2007-03-14
Plaintiff has failed to plead facts, which if assumed to be true, establish that Esparza and Miller were personally involved in any of the alleged constitutional violations. Plaintiff has not pleaded any acts or omissions by Esparza or Miller that would show their personal involvement in the constitutional injuries Plaintiff allegedly suffered.Read the full opinion on CourtListener →
An official with authority to stop an ongoing violation may be liable under § 1983 for ignoring a prisoner’s complaint about it.
Vasquez v. Raemisch · filed 2007-03-15
If a prisoner complains of a violation that is ongoing and the official has the authority to stop it, but the official ignores the complaint, then there is a strong argument that the official “kn[e]w about the conduct and facilitate[d] it, approve[d] it, condone[d] it, or turn[ed] a blind eye,” which is the standard for imposing liability under § 1983.Read the full opinion on CourtListener →
Section 1983 personal participation can include overseeing and carrying out a challenged policy adopted before the defendants arrived.
Coronel v. Paul · filed 2007-03-19
The district court erred in determining that prison chaplain Paul and prison Warden Luna did not personally participate in the policy that prohibited Coronel from attending Pascua Yaqui ceremonies. Although the policy was already in place at the time Paul and Luna arrived at FCC, Paul and Luna oversaw and carried out the prohibition.Read the full opinion on CourtListener →
Section 1983 requires sufficient facts showing that each defendant personally participated in the challenged conduct.
Hall v. Hill · filed 2007-03-19
The district court properly dismissed Hall’s amended complaint because Hall failed to allege sufficient facts to demonstrate that any defendants personally participated in either the underlying disciplinary hearing which resulted in the restitution order, or in the garnishment of funds from Hall’s prison trust account.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the deprivation of a right; liability cannot rest on a jail’s failure to provide religious services when the defendant lacked responsibility for that decision and knowledge of the inmate’s request.
Larry v. Goetz · filed 2007-03-20
To be liable under § 1983, defendant must be “personally responsible for the deprivation of a constitutional right.” ... Because plaintiff has failed to offer any admissible evidence to prove that defendant Goetz was personally responsible for the jail’s failure to offer Jumah services or that he had any knowledge that plaintiff wanted Jumah services, defendant’s motion for summary judgment will be granted.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation.
Caruso v. Massapequa Union Free School District · filed 2007-03-21
To prevail against named defendants, a plaintiff must show that each was “personally involved ... in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongs; vague allegations about unidentified defendants do not state a claim.
Baraka v. McGreevey · filed 2007-03-21
Baraka does not allege specific, personal involvement on the part of the unknown defendants, and, accordingly, the District Court did not err in dismissing the claims against them.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the alleged constitutional wrong.
No. 05-2361 · filed 2007-03-21
A defendant in a civil rights action "must have personal involvement in the alleged wrongs to be liable," Sutton v. Rasheed, 323 F.3d 236, 249 (3d Cir.2003) (quotation omitted), and "cannot be held responsible for a constitutional violation which he or she neither participated in nor approved," C.H. ex rel. Z.H. v. Oliva, 226 F.3d 198, 201 (3d Cir.2000). Baraka does not allege specific, personal involvement on the part of the unknown defendants, and, accordingly, the District Court did not err in dismissing the claims against them.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to adequately allege an individual defendant’s responsibility for the claimed deprivation.
Minh v. Giurbino · filed 2007-03-21
Minh’s allegations that Grosset charged him for chronos, delivered medication to the wrong address, and refused to accept his grievances fail to allege deliberate indifference to a serious medical need, see Estelle v. Gamble, 429 U.S. 97, 104-05, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), and Minh failed to adequately allege that Grosset was responsible for the delay in treatment of his dental needs, see Ivey v. Board of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir.1982) (“Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.”).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded.
Younger v. City of New York · filed 2007-03-29
It is well settled in the Second 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 a defendant’s personal involvement; an officer’s mere presence at the scene of an alleged violation is insufficient.
Carey v. Maloney · filed 2007-03-30
Lupacchino’s mere presence at the scene where Carey’s rights were allegedly violated is not sufficient to find that Lupacchino was personally involved in the violation of those rights.Read the full opinion on CourtListener →
Section 1983 permits liability for an official involved in a decision even when another official was the primary decisionmaker.
Spiess v. Meyers · filed 2007-04-10
Because Foreman may be held liable under Section 1983 for her involvement in the decisionmaking process even though Meyers was the primary decisionmaker, plaintiffs position in Spiess I that Meyers maintained hiring authority to fill the vacant position of Management Systems Analyst II does not trigger judicial estoppel in this case and plaintiff is not entitled to summary judgment on that ground.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.
Greene v. Mazzuca · filed 2007-04-26
Additionally, in determining Greene’s harassment claims against Mazzuca, Gold, Goord, and Cave, a finding of personal involvement by the individual defendants in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.Read the full opinion on CourtListener →
Section 1983 requires allegations of a defendant’s personal involvement; naming a medical director solely for a supervisory role does not state a claim.
Adams v. Cook County Department of Corrections · filed 2007-05-02
In this case, Plaintiff alleges no facts or conclusions with respect to Dr. Rodriguez to put him on notice how to answer. ... Therefore, the complaint against Dr. Rodriguez is dismissed without prejudice to Plaintiff later including Dr. Rodriguez as a defendant should it become apparent that Dr. Rodriguez was in some way involved with the actions or inactions giving rise to Plaintiffs deliberate indifference claims.Read the full opinion on CourtListener →
A Section 1983 complaint sufficiently alleges personal involvement when its allegations permit a reasonable inference that the defendants participated in the challenged conduct.
Concepcion v. MUNICIPALITY OF GURADBO · filed 2007-05-11
Indulging all reasonable inferences in Plaintiffs’ favor, the Court concludes that the Complaint states sufficient allegations from which a reasonable fact finder could infer Roman’s and Santiago’s personal involvement in the actions described in the Complaint.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged wrongdoing to impose individual liability.
Stancuna v. Town of Wallingford · filed 2007-05-15
Accordingly, absent evidence to support an inference that Dickinson was personally involved in the alleged wrongdoing, plaintiffs claim against him must be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not create liability.
Stewart v. Philadelphia Housing Authority · filed 2007-05-16
A defendant in a civil rights action must be personally involved in the alleged wrongs, as there is no respondeat superior liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s direct personal responsibility for the claimed constitutional deprivation; conclusory allegations of participation are insufficient.
Clayton v. Ward · filed 2007-05-23
“[F]or liability to arise under § 1983, a defendant’s direct personal responsibility for the claimed deprivation of a constitutional right must be established.” ... Even construing Clayton’s complaint liberally, he fails to indicate how Edmondson personally participated in assigning him to OSP or H-unit.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation for direct liability.
Ostensen v. Suffolk County · filed 2007-05-23
As Officer Gallagher did not illegally enter the property or participate in the alleged removal of Ostensen’s possessions, he cannot be hable under § 1983 based on any direct involvement.Read the full opinion on CourtListener →
Section 1983 liability requires personal participation in the alleged deprivation of rights.
Colbert v. Blaylock · filed 2007-06-11
To the extent Colbert alleges that he received inadequate medical treatment in violation of the Eight Amendment, that claim was not cognizable against the defendants. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir.2002) (“In order for a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation^]”).Read the full opinion on CourtListener →
Section 1983 does not impose liability merely because a defendant denied a grievance or should have known that others refused treatment.
Smith v. Pinchback · filed 2007-06-13
Neither of these assertions establishes a viable claim against this defendant.Read the full opinion on CourtListener →
A § 1983 claim against a supervisor in an individual capacity requires allegations of the supervisor’s personal involvement in the constitutional deprivation.
Barnes v. Henderson · filed 2007-06-19
A plaintiff asserting a § 1983 claim against a supervisory official in his individual capacity must allege that the supervisor was personally involved in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 liability may rest on a prison official’s failure to act on a reported safety risk when the official has authority to address it; denial of a grievance alone cannot establish liability.
Williams v. McLemore · filed 2007-06-19
Because Director McGinnis forwarded his grievance response to McLemore with the implied instruction to conduct an SCC meeting, and McLemore failed to do so, this case is distinguished from our prior cases that have held that a prison official’s denial of an administrative grievance cannot be the basis of liability.Read the full opinion on CourtListener →
Notes 59401–59550 of 71,725, oldest cases first.
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