Statute Annotations › Federal › 42 U.S.C. § 1983

42 U.S.C. § 1983

Civil action for deprivation of rights: the cases that interpreted this section

Jurisdiction
Federal
Case notes
71,725
Cited in passing
92,787
Citing cases indexed
283,166
Case dates
1955–2021
Screened through
2021-01-26
Checked for later law changes
2026-10-17
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

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 a direct causal connection between an officer’s conduct and the alleged constitutional violation; an officer without such a connection is entitled to qualified immunity.

Duncan v. Jackson · filed 2007-06-19

Plaintiffs have failed to come forward with evidence sufficient to demonstrate a direct causal connection between Chief Jackson’s conduct and the allegedly unreasonable search of the premises. We find, therefore, that Chief Jackson is entitled to summary judgment on the grounds of qualified immunity with respect to all claims that the search violated the Fourth Amendment, and we reverse the district court’s decision in this regard.
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Section 1983 requires evidence that the defendant personally committed the alleged violation; an excessive-force claim cannot survive summary judgment without evidence identifying the defendant as the officer involved.

Cortez v. Genualdo · filed 2007-06-25

Summary judgment was proper because no record evidence shows Genualdo committed the assault alleged by Cortez. To the contrary, Cortez testified he did not see Genualdo assault him and failed to present any evidence identifying Genualdo as the officer who allegedly did so.
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Section 1983 requires evidence that each defendant was personally involved in the alleged constitutional deprivation.

Alvarez v. Hansen · filed 2007-06-29

Here, although there is no dispute that the § 1983 claim against Hansen, Chester, McMahon, and Taylor is grounded in the Fourteenth Amendment, Alvarez has not produced sufficient evidence to establish that the Hansen, Chester, McMahon, and Taylor were personally involved in the alleged constitutional deprivation.
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Section 1983 requires the defendant's personal involvement in the alleged violation of a federal right.

Strittmatter v. Briscoe · filed 2007-07-11

In sum, Strittmatter is unable to satisfy the first element of a Section 1983 cause of action against Briscoe. He fails to show that Briscoe personally engaged in any act or omission that allegedly violated any constitutional right.
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Section 1983 requires a defendant’s direct and personal participation for money damages; respondeat superior does not impose vicarious liability.

Mackey v. Camp · filed 1976-06-22

Secondly, with regard to defendant Camp, plaintiff has failed to show a direct and personal participation on his part in the acts complained of. Such a showing is necessary where money damages are sought under 42 U.S.C. § 1983, for the doctrine of respondeat superior is not available to impose vicarious liability on a defendant in a suit for money damages under 42 U.S.C. § 1983.
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Section 1983 does not impose liability on a police chief whose only involvement in the alleged unlawful searches was authorizing off-duty officers to wear uniforms.

Stroeber v. Commission Veteran's Auditorium · filed 1977-10-14

The only evidence of defendant Nichols’ involvement in this action is that he, as chief of police, authorized the use of uniforms by off-duty policemen at the Auditorium. Such is insufficient involvement in the alleged unlawful searches to permit liability under Section 1983.
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An individual § 1983 claim against a school superintendent requires allegations of his personal involvement in the challenged conduct.

. Myers v. Loudoun County School Board · filed 2007-07-23

The complaint only briefly relates to Dr. Hatrick only with respect to his duties as superintendent, and does not involve any personal action by Dr. Hatrick outside the scope of his agency relationship.
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Section 1983 requires an affirmative causal link between an individual defendant and the discriminatory conduct for individual liability.

Hawkins v. County of Oneida, NY · filed 2007-07-24

To make out a § 1983 claim against an individual defendant, a plaintiff must demonstrate “some affirmative link to causally connect the actor with the discriminatory action.”
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Section 1983 requires a plaintiff to show that a named defendant deprived the plaintiff of a federal right.

Orange v. Fielding · filed 2007-07-24

However, as the Magistrate Judge noted in the R & R, in order to maintain a claim under § 1983, a plaintiff must show, in part, that a named Defendant deprived him or her of a federal right.
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Section 1983 requires a plaintiff to show the defendant’s direct or personal involvement in the alleged constitutional deprivation.

Gutierrez v. Joy · filed 2007-07-27

Indeed, “a plaintiff must demonstrate the defendant’s direct or personal involvement in the actions which are alleged to have caused the constitutional deprivation” to bring suit under § 1983.
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Section 1983 requires allegations that a defendant was personally involved in or directly responsible for the alleged wrong.

Gray v. Weber · filed 2007-07-30

Nevertheless, the complaint was properly dismissed because as the district court noted, Gray named only the warden, who was not alleged to have any personal involvement in or direct responsibility for these events.
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Section 1983 requires a defendant’s personal involvement in the alleged civil rights violation.

Kirby v. Johnson · filed 2007-08-03

Kirby’s challenges to the conduct of various prison officials, with the exception of Lehrer, are insufficient to establish constitutional violations; “[p]ersonal involvement is an essential element of a civil rights cause of action.”
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Farid v. Ellen · filed 2007-08-15

Thus, none of the factors outlined in Colon v. Coughlin are satisfied and summary judgment is granted to Goord for lack of personal involvement and on the defense of qualified immunity.
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Section 1983 requires an official who approves another official’s unconstitutional conduct to have actual knowledge of the violation before liability can attach.

Wilson v. Greetan · filed 2007-08-17

If Stellings did not have actual knowledge of the constitutional violation, he cannot be held liable under § 1983.
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Section 1983 permits a claim against an arresting officer who was integral to a seizure even if he did not personally use excessive force.

Elliott v. Linnell · filed 2007-08-17

Although Prickett did not engage in the use of excessive force, he was the arresting officer. As such, Prickett’s argument that he was a mere bystander is disingenuous. Prickett was integral to the seizure herein which rendered him a participant rather than a bystander.
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Section 1983 requires each defendant’s personal participation in the alleged violation; supervisory status alone does not establish liability.

Evans v. Fogarty (JCH Inc.) · filed 2007-08-22

It is also worthy of mention that plaintiffs carried a burden to establish the personal participation of each defendant in the alleged retaliation; section 1983 liability may not be predicated on a respondeat superior theory.
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Section 1983 requires a plaintiff seeking damages to show that the defendant personally participated in the alleged constitutional violation.

Robertson v. Las Animas County Sheriff's Department · filed 2007-09-10

Furthermore, Deputy Bassett played no role in Mr. Robertson’s arrest that day. It is axiomatic that, to prevail on a damages claim for a constitutional violation pursuant to § 1983, the plaintiff must show that the defendant, acting under color of state law, “personally participated in the alleged violation.” Jenkins v. Wood, 81 F.3d 988, 994 (10th Cir. 1996).
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Section 1983 requires evidence that an officer personally participated in the alleged violation for a claim against that officer to proceed.

Thorne v. Lelles · filed 2007-09-25

As both parties acknowledged during oral argument, however, there is no evidence in the record that Officer Lelles had any involvement in the warrantless entry of the plaintiffs’ backyard, nor is there any evidence that Officer Korovic participated in the arrest of Daniel Thorne, Jr. Accordingly, we REVERSE the judgment of the district court on those two latter claims and REMAND the case for further proceedings.
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Section 1983 requires a plaintiff to adequately allege each defendant’s personal involvement to impose liability.

Schwartz v. Dennison · filed 2007-09-28

Plaintiff's claims against Dennison and Cirincione fail for the additional reason that he has failed to adequately allege their personal involvement.
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Section 1983 requires allegations of a prison health services provider’s direct involvement in the alleged deprivation of constitutional rights.

Riddick v. Modeny · filed 2007-10-09

For the reasons set forth by the District Court, we agree that Riddick failed to allege any direct involvement by Prison Health Care Services, Inc., and thus his complaint against them was also properly dismissed for failure to state a claim.
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Section 1983 requires evidence connecting each named official to the alleged deprivation of rights.

Wilson v. Taylor · filed 2007-10-17

Further, even if these incidents were racially discriminatory, Wilson presents no evidence of involvement, let alone intentional discrimination, by Commissioner Taylor or Warden Kearney.
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Section 1983 requires personal involvement; an officer whose absence from the alleged use of force is established and unrebutted cannot be held liable for it.

Hasemeier v. Shepard · filed 2007-10-22

The evidence submitted established that Trollinger was not present during the events, and Hasemeier failed to rebut this evidence. Accordingly, we conclude that the district court properly granted summary judgment in favor of Trollinger.
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Section 1983 liability requires a defendant’s personal involvement in the deprivation of rights and rests on the defendant’s own acts or omissions.

Santiago-Perez v. State Ins. Fund Corp. · filed 2007-11-05

A defendant incurs Section 1983 liability only if he was personally involved in the deprivation of rights asserted by a plaintiff; a defendant may be found liable ... only on the basis of his own acts or omissions.
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Section 1983 requires a defendant’s personal involvement for a damages award.

Espada v. Schneider · filed 2007-11-07

In this Circuit, personal involvement of a defendant is a prerequisite to a damages award for a § 1983 claim.
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Section 1983 requires a defendant’s personal involvement in the alleged denial of treatment.

Rickie Green v. Jonak · filed 2007-11-14

Initially, we find that Nurse Mitchell was properly dismissed because Green’s hearing testimony did not implicate her in the denial of treatment at issue.
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Section 1983 individual-capacity liability requires evidence connecting the official’s own actions to the alleged deprivation.

Aduddle v. Fort Bend County · filed 2007-12-11

Aduddle’s claim against Sheriff Wright in his individual capacity fails because he offers nothing more than unfounded assertions to establish that Sheriff Wright’s actions resulted in the alleged denial of medical treatment.
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Section 1983 imposes individual liability only when the defendant caused or participated in a constitutional deprivation.

Levy v. Pappas · filed 2007-12-21

In a § 1983 action, liability cannot attach against an individual defendant unless “the individual defendant caused or participated in a constitutional deprivation.”
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Section 1983 requires a defendant to have caused or personally participated in the alleged constitutional violation.

Dawson v. Johnson · filed 2008-01-08

A defendant cannot be held liable in a § 1983 action unless he or she caused or personally participated in the alleged constitutional violation.
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Section 1983 requires allegations showing a defendant’s personal involvement in the alleged constitutional violation.

Bray v. Young · filed 2008-01-14

Because Bray’s allegations, which are accepted as true, fail to show that Warden Wheeler was personally involved in the alleged constitutional violation, we conclude that the magistrate judge did not err in dismissing Bray’s claim.
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Section 1983 requires allegations showing a defendant’s personal involvement in the alleged constitutional violation.

Bray v. Hubbard · filed 2008-01-14

Because Bray’s allegations, which are accepted as true, fail to show that Warden Wheeler was personally involved in the alleged constitutional violation, we conclude that the magistrate judge did not err in dismissing Bray’s claim.
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Section 1983 requires allegations connecting each defendant’s own conduct to the plaintiff’s injury.

Torres-Santiago v. Alcaraz-Emmanuelli · filed 2008-01-15

Assuming for the moment that Torres-Santiago successfully stated a claim under the first two elements of a section 1983 claim, she did not allege any facts indicating that defendants Vargas-Arroyo and Gonzalez-Baker discriminated against her based upon her gender or her age, nor that actions by either one of them caused her constructive discharge.
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Section 1983 requires a defendant’s personal involvement in the alleged rights deprivation.

Labankoff v. City of Santa Rosa · filed 2008-01-22

The district court properly granted summary judgment to retired Santa Rosa Police Chief Michael Dunbaugh because Labankoff failed to raise a genuine issue of material fact as to whether Dunbaugh was personally involved in the arrest.
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A § 1983 complaint must allege facts connecting an officer to the incident for which the plaintiff seeks to hold that officer liable.

Pierce v. HC DOC, et al. · filed 2008-01-24

Boyer's omission from the complaint may be the result of a clerical error, as plaintiff contends, but the fact remains that the complaint, as drafted, contains no facts which, if proven, would subject Boyer to liability for the December 1 incident.
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A Section 1983 plaintiff must connect the named defendants to the alleged deprivation of rights.

Martinez v. Dretke · filed 2008-01-25

Additionally, Martinez offers no explanation to this court regarding the relationship of the named defendants to his claim that officials acted with deliberate indifference to his medical needs.
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Section 1983 imposes liability on state officials only for their personal involvement in a constitutional violation.

Eiden v. McCarthy · filed 2008-01-28

The court also agrees with the Defendant’s argument that the Plaintiff has failed to demonstrate how either McCarthy or Yelmini was personally involved in the alleged wrongful conduct. Liability under 42 U.S.C. § 1983 is imposed on state officials only for personal involvement in a constitutional violation.
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Section 1983 liability requires a defendant’s personal involvement in the alleged constitutional violation.

Smith v. Spitzer · filed 2008-01-28

Personal involvement is, of course, a pre-req-uisite to liability under 42 U.S.C. § 1983.
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Section 1983 permits a claim against an official personally involved in a constitutional violation even when a supervisory body could overturn the official’s decision.

Hancock v. Bay City Texas · filed 2008-01-28

As a matter of law, Baker cites no legal authority for his proposition that an official is absolved of violating a person’s constitutional rights because a supervisory body had the power to overturn the violator’s decision. “As a prerequisite, a plaintiff must identify defendants who were either personally involved in the constitutional violation or whose acts are causally connected to the constitutional violation alleged.” Roberts v. City of Shreveport, 397 F.3d 287, 291–92 (5th Cir. 2005) (internal quotations omitted). Hancock has carried her burden of establishing that Baker was personally involved in violating her constitutional rights.
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Section 1983 requires a plaintiff to link each defendant’s own actions to the deprivation of a protected right.

Rivera v. Departamento De La Familia De Puerto Rico · filed 2008-02-06

Additionally, the causal connection element requires that plaintiff establish for each defendant, that the defendant’s own actions deprived plaintiff of her protected rights. ... Moreover, plaintiff does not link defendants to the adverse employment action nor does he contest that they lacked the power to take such actions against him.
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Section 1983 imposes liability on officials only when their personal involvement sufficiently connects them to the alleged constitutional violation.

Brannum Ex Rel. Brannum v. Overton County School Board · filed 2008-02-20

There is no indication in the record that the defendant school board members or Director Needham authorized or were aware of the locker room videotaping. Their role was limited to a general decision to improve school building security by installing video equipment. The decision as to the location of the cameras and how and when they would be used was beyond their personal involvement and their role in the matters giving rise to this suit are too indirect to subject them to § 1983 liability. Therefore, the defendant board members and Director Needham are immune and were entitled to summary judgment, but the remaining defendants were not.
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A § 1983 complaint must allege a defendant’s direct or personal involvement in the claimed injury.

Martinez v. Ravikumar · filed 2008-02-22

Moreover, the Amended Complaint must be dismissed as against Thornton because it contains no pleadings stating any direct or personal involvement by Thornton in the injuries Martinez alleges.
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Section 1983 holds each defendant liable only for his own deliberate indifference, not for inadequate staffing he did not control.

Young v. Kazmenski · filed 2008-02-25

Of course, to the extent, if any, that Young’s allegedly inadequate treatment was attributable to understaffing at SCI Mahanoy appellees cannot be liable as they were not responsible for the size of the staff and each can be held liable only for his own deliberate indifference.
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Section 1983 requires a claimant to show the defendant’s personal involvement in the alleged constitutional violation to satisfy the state-actor requirement.

Colby v. Umbrella, Inc. · filed 2008-03-07

To fulfill the state-actor requirement under § 1983, the claimant must demonstrate “personal involvement” of the defendant in the alleged constitutional violations.
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Section 1983 liability requires personal involvement in or direct responsibility for the actions resulting in a violation.

Carter v. Hassell · filed 2008-03-12

... we hold that dismissal of Carter’s claims against Blake was proper, because Blake could not be held liable for the conduct alleged, see Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) (§ 1983 liability requires personal involvement in or direct responsibility for actions resulting in violation).
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Section 1983 requires evidence connecting a named defendant to the alleged deprivation of rights.

Lawson v. Correctional Medical Services · filed 2008-03-13

While the record showed that prescribed antiviral medications were occasionally not given, Lawson failed to rebut evidence that his HIV status had not worsened, and he offered no evidence showing that the named CMS defendants were the ones who administered medications or that the missed doses were deliberately withheld without appropriate reasons.
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Section 1983 requires a defendant to have caused or participated in the alleged constitutional violation; supervisory status alone does not establish liability.

Taylor v. Walker · filed 2008-03-17

A defendant cannot be held liable under 42 USC § 1983 unless the plaintiff can demonstrate that the defendant’s caused or participated in the alleged constitutional violation.
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Section 1983 requires personal involvement or responsibility for the alleged deprivation, but does not require direct participation.

Piggie v. Riggle · filed 2008-03-21

As noted above, personal involvement or responsibility in the alleged deprivation is a necessary element for liability under 42 U.S.C. § 1983; it does not require direct participation, however.
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Section 1983 requires sufficient evidence of a defendant’s personal involvement in the alleged deprivation to withstand summary judgment.

Walker v. Kelly · filed 2008-03-24

The district court properly granted summary judgment on Walker’s claims against defendants Kelly, Gildner, Carey, Shea, Singer, and Vaughn because Walker did not present sufficient evidence that they were personally involved in withholding his legal materials or interfering with his mail.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Atwell v. Lavan · filed 2008-03-26

It is also well settled in the Third Circuit that personal involvement of defendants in alleged constitutional deprivations is a requirement in a § 1983 case and that a complaint must allege such personal involvement.
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An officer who knows another officer is violating a constitutional right and has an opportunity to intervene may be liable under § 1983 for failing to do so.

Gombert v. Lynch · filed 2008-03-27

Thus, Kamin-ski assuredly would have had the opportunity and ability to intervene to prevent the removal of the items. No reasonable jury could find otherwise. As a result, the Defendants’ argument regarding their personal involvement are unavailing.
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Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation to support damages liability.

Warheit v. City of New York · filed 2008-04-03

We agree with the District Court’s conclusion that no reasonable jury could find, based upon the available evidence, that Abad was personally involved in Warheit’s transfer and commitment to Bellevue.
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Section 1983 requires a connection between each defendant’s actions and the claimed deprivation of rights.

Zavala v. BARNIK · filed 2008-04-08

The complaint must allege in specific terms how each defendant is involved; there can be no liability under 42 U.S.C. § 1983 unless there is an affirmative link or connection between the defendants’ actions and the claimed deprivations.
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Section 1983 requires evidence of a warden’s personal involvement in the alleged deprivation; her position as ultimate decision-maker alone does not establish liability.

Townsend v. Fuchs · filed 2008-04-10

And Townsend failed to establish that Farrey had direct control over the unsanitary conditions in TLU. The most that Townsend asserts is that Farrey should have known about the conditions in his cell because, as the “ultimate decision-maker” at New Lisbon, she knew that inmates were double-celled in TLU and had to sleep on the floor. But because Townsend points to no evidence showing that Farrey either observed Townsend’s cell personally or was informed of his specific situation, he would be unable show that she acted with deliberate indifference by failing to remedy the conditions in his cell.
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Section 1983 requires evidence that a defendant caused or participated in the alleged constitutional deprivation; supervisory status alone does not establish liability.

Townsend, Reggie v. Fuchs, Larry · filed 2008-04-10

But because Townsend points to no evidence show- ing that Farrey either observed Townsend’s cell personally or was informed of his specific situation, he would be unable show that she acted with deliberate indifference by failing to remedy the conditions in his cell. See Galdikas v. Fagan, 342 F.3d 684, 693 (7th Cir. 2003) (“ ’An individual cannot be held liable in a § 1983 action unless he caused or participated in [the] alleged constitutional deprivation.’ ” (quoting Wolf-Lillie v. Sonquist, 699 F.2d 864, 869 (7th Cir. 1983))); Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995); see also Farmer, 511 U.S. at 837.
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Section 1983 liability is not limited to officials with ultimate authority over the act that causes a deprivation of rights.

Berry v. Arthur · filed 1979-08-06

Section 1983 does not suggest that liability will be only upon those who bear ultimate responsibility for performing an act.
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Section 1983 requires a plaintiff to show a constitutional violation and personal involvement by the defendant to recover damages.

Jacobs v. College of William and Mary · filed 1980-12-15

To recover damages under § 1983, plaintiff has the duty to show a violation of the 14th Amendment and involvement by the State. ... To recover against Mrs. West under § 1983, plaintiff must show “personal involvement of Mrs. West ... (and) in the absence of such personal involvement . . . (she) is not liable under § 1983.” ... What is held is that there is no cause of action proven against Mrs. West under § 1983.
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Section 1983 liability requires evidence that a defendant personally participated in the deprivation of the plaintiff’s rights.

United States Ex Rel. Flores v. Cuyler · filed 1981-03-24

I find that defendants Cuyler, Reid, Sims and Gillis are not liable under Section 1983 because the complaint does not charge nor has plaintiff come forward with evidence that these defendants actually participated in the deprivation of plaintiff’s rights.
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Section 1983 requires specific facts tying a defendant to the alleged constitutional deprivation; vague allegations of involvement are insufficient.

Brazil v. Arkansas Board of Dental Examiners · filed 1984-08-08

The same situation must arise with respect to the constitutional claims raised against the Association and its officers under 42 U.S.C. § 1983. ... The vaguely-worded affidavit of Mr. Brazil raises no specific facts that tie the Association and its officers to the alleged deprivations of the plaintiffs’ constitutional rights.
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Section 1983 does not impose liability on an official for an assault that occurred before the official was employed by the department.

Wheeler v. Sullivan · filed 1984-11-21

Defendant Jones was not employed by the Department of Corrections on June 7, 1980 and, accordingly, is not a defendant with respect to the assault claim.
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A subordinate may face a § 1983 retaliation claim when the final decision maker acts as the subordinate’s “cat’s paw,” so that the adverse decision can fairly be attributed to the subordinate.

Land v. City of Odessa TX · filed 2008-04-24

These facts support the notion that Dietz may have been Childers’s “cat’s paw.” Accordingly, this case falls into the exception, and Land’s case may pro- ceed against Childers.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation to satisfy the state-actor requirement; an allegation of that involvement was sufficient at the pleading stage.

Colby v. Umbrella, Inc. · filed 2008-04-25

We cannot agree with the court that plaintiff failed to allege sufficient facts establishing state action to sustain a § 1983 claim. To fulfill the state-actor requirement under § 1983, the claimant must demonstrate “personal involvement” of the defendant in the alleged constitutional violations.
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Section 1983 requires a defendant's personal involvement for damages; a supervisory role alone does not establish liability.

Jones v. WESTCHESTER CTY. DEPT., CORR. MED. DEPT. · filed 2008-05-06

Personal involvement is a prerequisite to an award of damages under section 1983. ... Plaintiff's assertions of the Warden's supervisory role over Ms. Yozzo are insufficient, as it is well-settled that respondeat superior does not apply in section 1983 actions.
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Section 1983 requires a defendant’s personal involvement for an award of damages.

Jones v. Westchester County Department of Corrections Medical Department · filed 2008-05-06

Personal involvement is a prerequisite to an award of damages under section 1983.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation for individual liability.

M.K. Ex Rel. Mrs. K. v. Sergi · filed 2008-05-12

As discussed above, plaintiffs have failed to establish any personal involvement of either Kemper or LeBrun with any of the alleged deprivations. Therefore, they are entitled to summary judgment on plaintiffs’ § 1983 claims.
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Section 1983 requires a defendant to have knowingly, willfully, or at least recklessly caused the deprivation of a constitutional right.

Ghashiyah v. Litscher · filed 2008-05-15

The district court correctly dismissed the two claims against Warden McCaughtry because the undisputed facts showed that he was not aware that Ghashiyah had changed his name, and thus McCaughtry could not have “ ‘knowingly, willfully, or at least recklessly caused a deprivation of his First Amendment rights.”
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Section 1983 requires each defendant’s personal involvement in the alleged wrong; liability cannot rest solely on respondeat superior.

Carter v. Taylor · filed 2008-05-28

In order to prevail under § 1983, plaintiff must establish that each defendant had personal involvement in the alleged wrongs since liability cannot be predicated solely on the operation of respondeat superior.
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Section 1983 does not impose liability on a hearing officer for harm from a later hearing when his conduct did not cause the later hearing’s procedural defects.

Livingston v. Kelly · filed 2008-06-02

Assuming arguendo that the final hearing was somehow tainted or unfair, the fact remains that the harm suffered by plaintiff was directly attributable to the third and final hearing, not to the first hearing. There is no indication that anything that Breckon did or failed to do at that hearing was responsible for the alleged procedural infirmities at the third hearing.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

Washpon v. Parr · filed 2008-06-04

Finally, defendants also move to dismiss Officer Lancer from the case, on the grounds that there is no allegation of her personal involvement, and it is well-established that the “personal involvement of defendant in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... However, the complaint clearly names Officer Lancer as a defendant, and alleges that “defendants” handcuffed Washpon. At her deposition, Washpon averred that all three defendants — including Officer Lancer — were involved in the arrest. Accordingly, at this stage, it would be inappropriate to dismiss Officer Lancer.
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Section 1983 damages claims against government officials require particularized facts showing what each defendant did to violate the asserted constitutional right.

Lanman v. Hinson · filed 2008-06-17

This Court has consistently held that damage claims against government officials arising from alleged violations of constitutional rights must allege, with particularity, facts that demonstrate what each defendant did to violate the asserted constitutional right.
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Section 1983 liability can arise when a person causes a constitutional deprivation by setting in motion acts by others that the person knows or reasonably should know would cause the injury.

Antoine v. County of Sacramento · filed 2008-06-26

A person subjects another to the deprivation of a constitutional right, within the meaning of section 1983, if he does an affirmative act, participates in another’s affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made. Moreover, personal participation is not the only predicate for section 1983 liability. Anyone who “causes” any citizen to be subjected to a constitutional deprivation is also liable. The requisite causal connection can be established not only by some kind of direct personal participation in the deprivation, but also by setting in motion a series of acts by others which the actor knows or reasonably should know would cause others to inflict the constitutional injury. ... It is the law.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Stoltey v. Brown · filed 2008-06-26

And to the extent that Stoltey has sued Fitzpatrick on the basis of these same claims, summary judgment was proper because Fitzpatrick was not personally involved in writing the police report, obtaining the arrest warrant, arresting Stoltey, or setting her bail.
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Section 1983 requires allegations that each defendant personally participated in, or set in motion, acts that deprived the plaintiff of a right.

Daniels v. Marshall · filed 2008-07-07

The district court properly dismissed the action as to defendants Tholl, Reams, Carrie, Doe 2, and Doe 3 because Daniels failed to allege facts showing that these defendants personally participated in or set into motion any acts by others which deprived Daniels of access to his legal mail or property.
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Section 1983 requires a defendant sued in an individual capacity to have been personally involved in the deprivation or to have caused it through wrongful actions.

James v. Texas Collin County · filed 2008-07-14

A plaintiff must establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation. ... After considering the entire record, there is no evidence that would allow a reasonable jury to find that James was terminated by the Commissioners rather than by Bilyeu. ... We therefore hold that the district court did not err by granting the Defendants’ motion for summary judgment and dismissing James’s claim against the Commissioners in their individual capacity.
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Section 1983 provides a civil action against a person who, under color of state law, deprives someone of federal rights.

Armant v. Stalder · filed 2008-07-18

In his brief, Armant does not point to any factual allegations of his complaint that establish the personal involvement of these defendants.
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Section 1983 requires a defendant to be personally involved in the constitutional deprivation to be liable.

Dolberry v. Levine · filed 2008-07-28

Such actions do not satisfy the personal involvement requirement for a § 1983 claim.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation; evidence that an official directed or oversaw the challenged conduct can satisfy that requirement.

McConnell v. McKillip · filed 2008-07-30

Individual liability under § 1983 requires some personal involvement in the alleged constitutional deprivation. ... Based on the foregoing, the Court concludes that there is sufficient evidence to show the requisite degree of personal participation by the Mayor and Williams for § 1983 liability to attach.
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Section 1983 requires a defendant's personal involvement before damages may be awarded for a constitutional deprivation.

Pugh v. Goord · filed 2008-07-31

“[Pjersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”
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Section 1983 imposes liability on individual persons who personally participate in a constitutional deprivation.

Covell v. MENKIS · filed 2008-08-05

Section 1983 deals only with individual liability. See 42 U.S.C. § 1983 (“Every person who ... subjects, or causes to be subjected ... any citizen ... to the deprivation of any rights ... secured by the Constitution and laws, shall be liable to the party injured in an action at law ... ”). In order for any Defendant to be determined to be liable, he or she must personally have participated in the constitutional violation.
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Section 1983 allows a person to sue for a constitutional deprivation caused by someone acting under color of state law and requires a sufficient causal connection to the defendant's conduct.

Mann v. City Of Tucson · filed 1986-02-10

Under Arnold v. IBM Corp., 637 F.2d 1350, 1356-57 (9th Cir.1981), in order to establish the requisite proximate cause between the conduct of private persons and searches in violation of section 1983, a plaintiff must prove the private individuals exercised control over the decisionmaking in a police investigation.
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Section 1983 requires a defendant’s personal involvement in the alleged violation.

Zboralski v. Monahan · filed 2008-08-20

First, we grant summary judgment to defendants Monahan and Budz. The uncontested facts demonstrate that neither defendant had any personal involvement in the alleged incidents of which plaintiff complains.
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A § 1983 claim against an individual defendant requires evidence that the defendant played a role in the alleged deprivation.

Argyropoulos v. City of Alton · filed 2008-08-26

Summary judgment was properly granted for Botterbush, because Argyropoulos failed to identify any evidence in the record showing that he played a role in her termination.
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Section 1983 requires a defendant’s personal participation in a constitutional deprivation or conduct that causes others to inflict the injury.

Mead v. Gordon · filed 2008-09-03

Liability under 42 U.S.C. § 1983 lies for direct personal participation in the constitutional deprivation or by “setting in motion a series of acts by others which the actor knows or reasonably should know would cause others to inflict the constitutional injury.” ... I find no evidence, however, to suggest that these defendants caused any restriction on Mead’s correspondence and visits with inmates.
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Section 1983 does not make an official liable for an equal protection violation merely because he knew of another official’s conduct without participating in it.

Woodruff, Randall L. v. Mason, Jo Ann · filed 2008-09-05

As the district court noted, there is no evidence that Coleman withheld or participated in the withholding of the license—he was merely aware of it, and Legacy has not explained how an awareness of the withholding makes him liable for an equal protection violation.
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Section 1983 does not impose liability on a defendant absent evidence that it was responsible for the events giving rise to the claimed harm.

Cason v. District of Columbia · filed 2008-09-26

Even if the facts as alleged by Plaintiff are true and adequately supported by his evidence, Plaintiff fails to establish that ARAMARK is in any way responsible for the events giving rise to his claim or can be held liable for the harms he has suffered.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Caraccilo v. Village of Seneca Falls, NY · filed 2008-09-30

It is well established that a defendant’s personal involvement in an alleged constitutional deprivation is a prerequisite to his individual liability under 42 U.S.C. § 1983.
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Section 1983 requires an official’s personal involvement in the violation; inaction without a duty to act does not establish liability.

Frederick L. Kunzelman, Cross-Appellee v. Gervase Thompson, Richard Giese and Juneau County, Wisconsin, Defendants- Cros · filed 1986-08-25

This evidence could in no way support a finding of liability on the part of Thompson. While plaintiff argues that Thompson’s inaction should be sufficient personal involvement, such involvement requires more than motive, more than a desire to take action, more than support and encouragement — it takes some act to infer that the defendant has assisted the violation.
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Section 1983 claims against individual defendants require allegations of their personal involvement; plaintiffs may amend otherwise viable claims to supply those allegations.

William Franklin Wynn and William Kenneth Harris v. Alexander · filed 1986-09-16

These were recognized as being viable claims but were dismissed because of failure to allege necessary personal involvement of individual defendants. The defendants should have been permitted to file an amended complaint with respect thereto.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Celestin v. City of New York · filed 2008-10-14

A prerequisite for any award damage under 42 U.S.C. § 1983 for an alleged constitutional violation is the personal involvement of the defendant.
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Section 1983 requires a defendant’s personal involvement in the alleged wrong; a supervisor may be personally involved by directing the action or knowing of and acquiescing in it.

Queer v. Westmoreland County · filed 2008-10-20

Personal involvement can be shown when a supervisor either personally directs the retaliatory action or has actual knowledge of, and acquiesces in, the retaliatory action. Id. With respect to Loughner and Zecchini, the record does not reflect that they were personally involved in the decision not to renew ICC’s contract.
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Section 1983 requires proof that a defendant was personally involved in the deprivation of a constitutional right.

Allen, Robert v. Wine, Major · filed 2008-10-24

To hold a person liable under § 1983, however, the plaintiff must prove that the defendant was personally involved in the deprivation of a constitutional right.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Soto v. LaBuzzetta · filed 2008-11-05

In order to establish an actionable constitutional claim, plaintiff must demonstrate some personal involvement by the defendant in the constitutional violation.
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Section 1983 requires a plaintiff to allege a defendant’s personal involvement or a specific policy the defendant promulgated that led to a constitutional violation.

Atualevao v. Swift · filed 2008-11-06

The district court properly dismissed the claims against defendants Larry Holt and Melvin Hunter because Atualevao failed to allege any personal involvement or how these defendants promulgated a specific policy that led to a constitutional violation.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Fowlkes v. Rodriguez · filed 2008-11-07

Thus, because plaintiff cannot allege that he was assigned his risk level by anyone or any entity other than the sentencing court, he cannot allege against any of the DOCS Defendants, defendants Steinhardt and Szady, or the County Defendants the personal involvement necessary to state a claim under § 1983 with respect to his risk level designation.
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Section 1983 requires a plaintiff to establish each defendant’s personal involvement in the alleged constitutional deprivation.

Nash v. McGinnis · filed 2008-11-13

In any action under § 1983, the plaintiff must establish each defendant’s personal involvement in the alleged constitutional deprivation in order to hold that defendant liable.
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Section 1983 requires a plaintiff to show some level of personal responsibility by each defendant.

Cole Ex Rel. Cole v. Greenfield-Central Community Schools · filed 1986-12-05

The plaintiff must also show that each defendant had some level of personal responsibility.
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A Section 1983 claim against individual officials survives a personal-involvement challenge at the pleading stage when the allegations leave their involvement in the alleged deprivation possible.

United States Ex Rel. Adams v. O'Leary · filed 1987-04-30

Nothing in those allegations affirmatively shows Covin or O’Leary lacked personal involvement in denying Adams’ February 14 visit (though that may well prove to be so on later factual inquiry). Defendants’ motion to dismiss Covin and O’Leary has to be denied as well.
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Section 1983 requires a causal link between each named defendant and an act or omission that violated the plaintiff’s rights.

Hendon v. Witcher · filed 2008-12-02

The district court did not err when it dismissed Hendon’s Eighth Amendment claim because he failed to allege a causal link between each named defendant and some affirmative act or omission that demonstrated a violation of his constitutional rights.
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Section 1983 requires an official’s personal participation in a constitutional violation to hold the official liable for subordinates’ acts, even if those acts benefited the official.

Thomas v. City of Blanchard · filed 2008-12-03

Unless an official participates personally in a constitutional violation, as by instructions or improper training, he cannot be held responsible for the acts of his subordinates even if those acts were committed for his benefit.
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Section 1983 permits liability for an officer who directs an unconstitutional search without entering the home when his conduct directly causes the violation.

Hunt v. Tomplait · filed 2008-12-08

The fact that Deputy Tomplait did not enter the house does not relieve him of liability as a matter of law; his identification of the Hunt residence as the residence to be searched—and subsequent leadership of the search team to the residence—was a direct cause of the Fourth Amendment violation.
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Section 1983 requires personal responsibility for the alleged deprivation; defendants cannot be held liable merely because other staff members committed the acts.

Walker v. Hayden · filed 2008-12-11

In any event, even apart from Rule 8, we would uphold the dismissal of this claim because the appellants do not allege that the two defendants they sued carried out the “criminal punishments” themselves or bear any personal responsibility for them. ... This latter point also resolves the specific claims of Walker and Hendrickson, who allege that they were assaulted by Sand Ridge staff members who are not defendants in this litigation.
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Section 1983 liability requires the defendant’s personal involvement in the deprivation of rights.

Tsabbar v. Eason · filed 2008-12-11

Although not explicitly addressed by the district court, summary judgment in Sheriff Eason’s favor was also appropriate because Tsabbar did not adequately allege any personal involvement on the part of Eason in the deprivation of Tsabbar’s property. Eason also therefore cannot be held liable under Section 1983.
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A supervisor’s receipt of a letter alleging discrimination, without more, does not establish the personal involvement required for § 1983 liability.

Westbrook v. City University of New York · filed 2008-12-19

However, without more, Mr. Goldstein's receipt of the contested letter does not rise to level of personal involvement necessary to establish § 1983 liability.
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Section 1983 requires personal participation in an alleged rights deprivation; defendants who neither used force nor controlled the officers who allegedly did are not liable for that force.

Workman v. District 13 Tanque Verde Unified School District · filed 2008-12-23

The district court properly granted summary judgment in favor of the School District defendants on Workman’s excessive force claim because there was no evidence, and thus no dispute, that any of these defendants touched Workman or had any control over the police officers who allegedly touched Workman.
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Individual liability under § 1983 requires personal participation in the alleged constitutional violation.

Whitington v. Ortiz · filed 2009-01-13

Individual liability under 42 U.S.C. § 1983, must be based upon personal participation of the individual in the alleged constitutional violation.
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Section 1983 requires a District of Columbia official to have directly participated in the alleged wrongdoing to be held personally liable.

McDaniel v. Fenty · filed 2009-01-13

Although a District of Columbia official may be held personally liable for depriving an individual of "rights, privileges, or immunities secured by the Constitution and laws," 42 U.S.C. § 1983, he must have directly participated in the alleged wrongdoing.
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Section 1983 holds an individual defendant liable only for that defendant’s own conduct, not for another defendant’s recklessness.

Eades v. James Thompson, Individually and as Governor of the State of Illinois · filed 1987-06-24

Each individual defendant can be liable only for what he or she did personally, not for any recklessness on the part of any other defendants, singly or as a group.
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Section 1983 damages liability requires a defendant’s personal involvement in the alleged deprivation of rights.

Soto v. Coughlin · filed 1987-08-20

As a preliminary matter, judgment on the pleadings is appropriate as regards the damages action against defendants Coughlin and Dalsheim. The complaint does not allege that either of these defendants was personally involved in the alleged deprivation of plaintiff’s due process rights.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.

Miner v. Goord · filed 2009-01-21

Personal involvement of a defendant in an alleged constitutional deprivation is “a prerequisite to an award of damages under § 1983.”
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Section 1983 requires a plaintiff to show that each individual defendant participated in the alleged violation.

Roy v. Barshaw · filed 2009-01-23

The district court properly granted summary judgment as to the claims against defendants Klemme and Medina-Hansen because Roy failed to show that they participated in the alleged retaliatory acts.
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Section 1983 requires personal involvement in the alleged constitutional violation for individual liability.

Bettis v. Bickel · filed 2009-01-30

“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.”
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A Section 1983 claim against a supervisor cannot survive summary judgment without evidence supporting the allegation that the supervisor directed the challenged conduct.

McKinney v. Guthrie · filed 2009-02-03

The District Court found that no genuine issue of material fact existed regarding McKinney’s claims against Defendant Ward because the documentary evidence McKinney presented in opposition to summary judgment – including various declarations and affidavits – did not substantiate McKinney’s claim that Ward directed the other Defendants to assault him.4 McKinney has not directed us to any such evidence, and our review of the record reveals none. We therefore will affirm the District Court’s April 3, 2007, judgment to the extent that it granted summary judgment on this claim.
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Section 1983’s personal involvement requirement can be met when officials participate in or approve the decisions alleged to violate constitutional rights.

Baker v. Gerould · filed 2009-02-04

However, Baker alleges — and defendants largely do not dispute — that each of those defendants played a role in making and approving the decisions not to promote him in 2002 and 2005. I therefore find that Baker has sufficiently alleged personal involvement by those defendants to withstand the present motion for summary judgment.
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Section 1983 requires personal involvement in the alleged deprivation; a doctor who did not participate in a referral decision cannot be liable for it.

Kendrick v. Frank · filed 2009-02-11

It is undisputed that Luy did not examine Kendrick until after he filed this lawsuit. Luy, therefore, had no personal involvement in the decision not to refer Kendrick to a specialist and cannot be liable.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.

FRESH START SUBSTANCE SERVICES, LLC v. Galvin · filed 2009-02-13

Section 1983 imposes liability for conduct which “subjects, or causes to be subjected” a complainant to a deprivation of a right secured by the Constitution and laws of the United States; accordingly, “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”
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Section 1983 requires a causal connection between a defendant’s conduct and the alleged deprivation of rights.

Monfort-Rodriguez v. Rey-Hernandez · filed 2009-02-17

To succeed on a claim for political harassment in violation of the First Amendment brought under section 1983, plaintiffs must establish a causal connection between defendant Rey’s conduct and the working conditions, assignments or other alleged “inferiority” of which plaintiffs complain.
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Section 1983 liability for retaliation requires evidence of a defendant’s personal involvement in the alleged conduct.

Olstad v. Gonzales · filed 2009-02-20

Olstad’s assertion that Collier, Gonzales, and Owens influenced the later Board members is based solely on his own beliefs and perceptions. He proffered no evidence that those three were personally involved in the placement of the litigation materials in his file.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for liability.

Conseillant v. Alves · filed 2009-02-24

Third, to the extent that anyone misdiagnosed plaintiff, or misinformed him about his condition (although it does not appear that anyone in fact did), Dr. Alves was not personally involved. In any claim under § 1983, the plaintiff must establish the defendant’s personal involvement in the alleged constitutional deprivation in order to hold the defendant liable.
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Section 1983 requires personal involvement by an individual defendant; allegations showing that involvement can support a claim against the defendant.

Mosely v. Highsmith · filed 2009-02-25

Mosely’s allegations indicate that all the named individuals were personally involved.
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Section 1983 claims against officials require a factual basis implicating them in the alleged rights violation.

Carlos A. L. Vaughn v. Zeller · filed 2009-02-26

Because nothing in the record raises an issue of material fact that appellees are implicated in any violation of Vaughn’s due process rights at the Terrell Unit, summary judgment was proper as to any claims arising from the 2001 proceeding.
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A § 1983 retaliation claim against an individual cannot survive summary judgment without a genuine factual issue about that person’s involvement in the challenged actions.

Jennings v. Huizar · filed 2009-03-02

The district court properly granted summary judgment on Jennings’s claim that Huizar retaliated against him by changing his job assignment and reducing his work hours, because Jennings failed to raise a genuine issue of material fact as to whether Huizar was involved in those decisions.
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Section 1983 requires an individual defendant’s personal involvement in the alleged wrong for damages liability.

Wetzel v. St. Tammany Parish Jail · filed 2009-03-05

In addition, proof of an individual defendant’s personal involvement in the alleged wrong is, of course, a prerequisite to his liability on a claim for damages under § 1983.
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Section 1983 permits a person to sue state actors who personally cause a deprivation of federal rights.

Kuhn v. Johnson · filed 1988-05-13

Thus, Plaintiff brings this action pursuant to 42 U.S.C. § 1983 for this alleged violation of his Fourteenth Amendment right. ... With respect to Defendants Johnson and Nickell, Defendant’s argument is meritless. These Defendants approved the discharge of Plaintiff and such action was taken pursuant to the duties of the positions they held. Apparently, Defendant Nickell signed Plaintiff’s discharge form in the name of Defendant Johnson. Thus, they must both assume responsibility. Clearly, Plaintiff’s discharge took place “at the direction” of Defendant Johnson and “with the knowledge” of Defendant Nickell.
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Section 1983 requires a plaintiff to show the personal involvement of each defendant.

Mastroianni v. Reilly · filed 2009-03-07

Further, to establish a claim under § 1983, the plaintiff must show the personal involvement of each defendant.
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Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation; broad allegations against a group are insufficient.

S. v. Webb · filed 2009-03-13

To be liable, these named defendants must have been personally involved in the alleged conduct. ... Thus, the S’s have faded to allege sufficient personal involvement and deprived these defendants of a meaningful opportunity to respond.
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Section 1983 requires a plaintiff to show that each defendant was personally responsible for the deprivation of a constitutional right.

Bowers v. Pollard · filed 2009-03-17

To recover under § 1983 a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.
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Section 1983 requires a police officer sued for excessive force to have participated directly or to have been present with a reasonable opportunity to intervene.

Rasanen Ex Rel. Estate of Rasanen v. Brown · filed 2009-03-25

Under Section 1983, a police officer is personally involved in the use of excessive force only if he either directly participates in the conduct giving rise to the claim or was present and yet failed to intercede on behalf of the victim even though he had a reasonable opportunity to do so.
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Section 1983 provides a civil action against a person who, under color of state law, deprives another of federal rights, and liability requires personal participation in the constitutional wrongdoing.

Fiorenzo v. Nolan · filed 1991-01-30

But, as with plaintiffs’ delegation theory, mere failure to stop transfers is insufficient participation in constitutional wrongdoing for Section 1983 liability to lie.
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Section 1983 requires a defendant's personal involvement for damages and does not impose liability through respondeat superior.

Vega v. Artus · filed 2009-03-26

The personal involvement of a defendant is a prerequisite for the assessment of damages in an action arising under 42 U.S.C. § 1983, McKinnon v. Patterson, 568 F.2d 930, 934 (2d Cir.1977), and the doctrine of respondeat superior is inapplicable in such an action. ... Defendant Artus’s actions in referring the letters to staff for investigation is not sufficient to establish personal involvement.
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A § 1983 claim against a corrections commissioner requires an allegation that the commissioner participated directly or indirectly in the alleged deprivation.

Joseph Carl Brown, and Paul Lyons v. Allyn R. Sielaff, Commissioner of Corrections of Pennsylvania · filed 1973-02-23

The remaining allegations do not constitute a claim against Commissioner Sielaff for which relief may be granted. There is no allegation that he participated directly or indirectly in the circumstances constituting this claim.
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Section 1983 requires personal involvement by an individual defendant in the alleged deprivation of rights.

Ray Angelini, Inc. v. City of Philadelphia · filed 1997-11-24

Angelini has failed to establish that Defendants Rendell and Cohen had any involvement in the actions complained of in their complaint.
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Section 1983 does not impose liability for direct physical participation in a constitutional violation when the defendant lacked awareness or notice of the facts making the conduct illegal.

Provost v. City of Newburgh · filed 2001-08-17

The potential for overinclusion results from the phrase’s failure to make clear that the direct physical participation of the defendant in the constitutional violation is not alone a sufficient basis for holding the defendant liable if the defendant had no awareness or notice of the facts that rendered the action illegal.
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Section 1983 liability requires the defendant's personal involvement in violating the plaintiff's rights.

Harvey v. Judge · filed 2009-04-06

Further, Harvey failed to show that defendant Los Angeles County Public Defender Mike Judge was personally involved in violating his 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.”)
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Section 1983 requires personal involvement in the conduct depriving a plaintiff of rights for an individual to be held liable.

Fleming v. Correctional Medical Services · filed 2009-04-08

First, there is no dispute that Short, Tritch, and Kesteloot did not have personal involvement in Fleming’s care and they are entitled to judgment. Cepero-Rivera v. Fagundo, 414 F.3d 124, 129 (1st Cir.2005) (“[Ojnly those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.”).
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Section 1983 damages claims against state officials require individual capacity and personal involvement and do not permit official capacity or respondeat superior liability.

Shelton v. New York State Liquor Authority · filed 2009-04-09

“[A] section 1983 claim for damages against a state official can only be asserted against that official in his or her individual capacity”; section 1983 claims will not lie against state officials in their official capacity or under a respondeat superior theory (Al-Jundi v Estate of Rockefeller, 885 F2d 1060, 1065 [1989]). Instead, it was incumbent upon plaintiff to “allege particular facts indicating that [each of the individual defendants] was personally involved in the deprivation of the plaintiff’s constitutional rights; mere ‘bald assertions and conclusions of law’ do not suffice” (Davis v County of Nassau, 355 F Supp 2d 668, 677 [ED NY 2005], quoting Leeds v Meltz, 85 F3d 51, 53 [1996]).
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Section 1983 requires a named defendant’s personal involvement in the alleged deprivation of rights.

Daniels v. Sheriff Keith Ferguson · filed 2009-04-13

Upon careful de novo review, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we reject Daniels’s arguments on appeal: ... (3) defendants’ unrebutted evidence shows that after the fall, they contacted a jail nurse and placed Daniels under observation pursuant to her instructions, and there is no evidence that any named defendant was involved thereafter in the alleged deprivation of food or medical care, see Martin v. Sargent, 780 F.3d 1334, 1338 (8th Cir. 1985).
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Section 1983 liability for an individual defendant depends on that defendant’s own actions; evidence of other officers’ actions alone does not establish her responsibility.

Wesley v. McKnight · filed 2009-04-17

Although Wesley contends that the officers worked “collectively,” the sole defendant at trial was Knight, and evidence of other officers’ actions would not tend to make it more or less probable that Knight had, acting under the color of state law, deprived Wesley of his right to freely exercise his religion.
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Section 1983’s personal-involvement requirement is sufficiently pleaded when the complaint alleges that each defendant knew of the challenged conditions and did nothing to address them.

White v. Monohan · filed 2009-04-17

White has alleged generally in his amended complaint that all the defendants (including Monohan) were aware of the conditions of White’s cell and did “nothing” to address the conditions except make them worse. The defendants are therefore on notice of White’s grievance of their alleged personal involvement, see Fed.R.Civ.P. 8.
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Section 1983 requires a defendant’s direct participation or an injury-causing policy to support liability for the alleged harm.

Reese v. Skinner · filed 2009-04-22

Reese did not allege that defendants Correctional Officer Parnagham, Renfro, Bauer, Irving, Warden Casal, Major Monroe, Angela Skinner, and Shirley directly participated in forcing him to work in violation of his medical restrictions or implemented policies that led to his injuries. Accordingly, Reese’s claims against those defendants were without arguable merit.
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Section 1983 liability requires evidence that the defendant was personally involved in the alleged deprivation.

Boles v. Hill · filed 2009-04-27

Summary judgment was properly granted in favor of Superintendent Jean Hill because Boles failed to raise a genuine issue of material fact as to whether Hill was personally involved in his medical care.
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Section 1983 requires a complaint to allege specific conduct by the defendant; naming the defendant only in the caption is insufficient.

Potter v. John W. Clark, Sheriff of the County of Vermilion, State of Illinois · filed 1974-05-16

Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints.
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Section 1983 requires a defendant’s personal involvement for monetary damages; respondeat superior alone does not suffice.

Wood v. Breier · filed 1975-03-12

“Where monetary damages, as distinguished from equitable relief, is sought under the provisions of the Civil Rights Act the doctrine of respondeat superior does not apply; personal involvement of the defendant is required.” ... These affidavits were sufficient to meet the defendants’ initial burden of establishing the absence of any “personal involvement.”
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Section 1983 provides a civil action against a person who, under color of state law, deprives someone of federally protected rights.

Goodwin v. Charles Crockett, Individually and as Undersheriff of Fremont County, Colorado · filed 1992-03-25

As a matter of law, Charles Crockett, the undersheriff, is not liable for depriving plaintiff of his first amendment rights.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation.

Mansour v. Abrams · filed 1992-07-14

In the absence of such involvement, plaintiffs have no cause of action against Abrams under 42 USC § 1983 (see, Giacalone v Abrams, 850 F2d 79, 86, n 1; see also, Al-Jundi v Estate of Rockefeller, supra, at 1065-1067; see generally, Canton v Harris, 489 US 378, 385; Monell v New York City Dept. of Social Servs., 436 US 658, 694-695).
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Section 1983 requires a complaint to allege each defendant’s personal involvement; inferred involvement alone is insufficient.

Price v. Kelly · filed 1994-03-24

Plaintiff must do more than make mere inferences to the involvement of a named defendant in a section 1983 claim, especially when that defendant is a government official. A complaint must specifically allege the involvement of each individual defendant, not rest on the “bare assumption that policy decisions made [elsewhere] might have affected [plaintiffs] treatment in [the detention facility].”
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Section 1983 does not make officers liable for an unlawful confinement merely because they transported a person to an institution under a court order.

Dr. And Mrs. Wentworth S. Morris, and Mary Mauricia Morris v. Montgomery County, Tennessee · filed 1994-04-20

If her confinement was illegal, the sheriff and his deputies were not liable for it because they cannot be said to have "imprisoned" Ms. Morris merely by driving her to the Institute pursuant to court order.
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Section 1983 requires factual allegations showing each named defendant’s involvement in the alleged violation.

Green v. Garrott · filed 1976-08-09

Two of the defendants named in the style of this action, Donald Wyrick and Donald Camper, are not named or referred to by name in the allegations in the pleading, and therefore it is impossible to determine the extent, if any, of their participation in the alleged violations. Plaintiff neither states nor shows that these defendants caused the acts complained of to be done, that the actions were done at their direction, or that the acts were done with their knowledge and consent.
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Section 1983 requires a personal connection between the official sued and the deprivation of rights.

Vinnedge v. G. W. Gibbs, Superintendent of Jails, Department of Corrections for the State of Virginia · filed 1977-01-06

Having failed to allege any personal connection between Gibbs and any denial of Vinnedge’s constitutional rights, the action against him must fail.
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Section 1983 permits a properly pleaded claim that prison officials interfered with prescribed medical treatment, but liability requires proof of the defendant’s direct participation.

Twyman v. Richard A. Crisp, Phillip Kirk, Melvin D. Typer, James E. Sorrells, and Charles E. Stamper · filed 1978-09-06

It is true that a properly pleaded claim of interference by prison officials with prescribed medical treatment is cognizable under § 1983. ... Finally, Twyman has not established that appellee Tyler directly participated in the alleged contravention of medical orders.
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Section 1983 does not require a supervisory official’s personal involvement when plaintiffs seek declaratory or injunctive relief against an allegedly unconstitutional state statute.

Project Release v. Prevost · filed 1978-12-29

While it is true that “[i]n this Circuit personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,” McKinnon v. Patterson, 568 F.2d 930, 934 (2 Cir. 1977), the rule is limited to cases in which damages are sought and is plainly inapplicable where, as here, plaintiffs seek declaratory and injunctive relief against the operation of allegedly unconstitutional State statutes.
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Section 1983 requires a plaintiff challenging officials’ discretionary acts to show that each official personally participated in depriving the plaintiff of a constitutional right.

Burns v. Sullivan · filed 1979-06-29

Where a city or state official’s judgment and discretion is involved in an action under Section 1983 the plaintiff must show that each official personally participated in depriving plaintiff of a constitutional right, ... and that the acts of each were purposefully discriminatory.
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Section 1983 does not make an officer liable for a colleague’s unconstitutional acts during a group arrest without evidence of the officer’s own participation.

Mary Elizabeth Dean, Cross-Appellees v. Robert R. Gladney, Roel G. Saldivar and Leroy Maddox, Cross-Appellants · filed 1980-07-24

To hold Saldivar liable for Officer Maddox’ actions without any indication that he was involved in those actions would subject a police officer involved in a group arrest or confrontation to an intolerable burden — liability for any unconstitutional act committed by any one of his colleagues, regardless of his own lack of participation in those acts.
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Notes 59551–59700 of 71,725, oldest cases first.

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