42 U.S.C. § 1983

Section 1983 requires a defendant’s personal involvement for an award of damages; respondeat superior alone does not suffice.

Wade v. Carey · filed 1980-08-08

There is no specific allegation that the defendants were personally involved in, or personally responsible for, any of the incidents alleged to have violated plaintiff’s rights.

A § 1983 complaint alleges personal involvement when it claims each defendant participated in the challenged conduct, rather than relying solely on a defendant’s employment of others.

Brook v. Thornburgh · filed 1980-09-26

In this case, personal involvement on the part of all defendants has been alleged. The plaintiff does not claim any defendant is liable simply because that defendant employed persons responsible for the alleged unconstitutional deprivation.

Section 1983 requires a defendant to have directed, or known of and acquiesced in, the deprivation of the plaintiff’s constitutional rights.

Turiano v. Schnarrs · filed 1995-05-05

A prerequisite for a viable civil rights claim is that a defendant directed, or knew of and acquiesced in, the deprivation of a plaintiff’s constitutional rights. ... Plaintiff concedes, as described above, that Defendants Black and Smith were not personally involved in the alleged access to the courts violations at the requisite level; thus, they deserve summary judgment on these claims as well and will be dismissed from this action.

Section 1983 permits liability against an official only when the official was personally involved in the alleged deprivation of constitutional rights.

Dawes v. D.S.P. Carpenter · filed 1995-06-21

Officials may be hable under Section 1983 only if they were personally involved in the alleged deprivation of constitutional rights.

Section 1983 requires personal involvement by a defendant for individual-capacity liability.

Marshall v. Switzer · filed 1995-10-04

Accordingly, the Court finds that plaintiff has failed to show that defendant Gloeckler was personally involved in the alleged wrongful conduct, and, therefore, he is entitled to summary judgment as to the claims against him in his individual capacity.

Section 1983 does not allow vicarious liability; a defendant must be personally involved in the alleged violation.

Hearn v. Morris · filed 1981-11-20

While there can be no vicarious liability for violations of 42 U.S.C. § 1983, ... defendants’ own exhibits affirmatively establish that they were personally involved in the conduct of which plaintiff complains.

Section 1983 requires a plaintiff to show the defendant’s personal involvement in the deprivation of constitutional rights.

Franklin v. Israel · filed 1983-03-16

Plaintiff has been unable to establish that defendant was personally involved in a violation of his constitutional rights, and personal involvement is an indispensable element of his claim.

Section 1983 liability requires a defendant’s personal involvement in the alleged constitutional violation or a causal connection between the defendant’s conduct and the violation.

Jacobs v. Scott · filed 2001-05-22

Moreover, there is no evidence that defendants were personally involved in these alleged constitutional violations or that there was a causal connection ... between their conduct and the alleged denial of medical treatment.

Section 1983 requires allegations showing that the defendants were personally involved in delaying medical treatment.

Jennings v. Dickerson · filed 2003-08-06

Moreover, Jennings’ allegations do not show that the defendants ... were personally involved in delaying Jennings’ requests for treatment.

Section 1983 requires a supervisory defendant’s personal involvement in the alleged constitutional deprivation.

Lloyd v. Lee · filed 2008-08-14

Here, Lloyd’s claims against Mayor Bloomberg must be dismissed, for Lloyd has not alleged that the Mayor was personally involved in any alleged constitutional deprivation.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; a claim that alleges no such involvement may be dismissed.

Wallace v. Conroy · filed 1996-11-12

Therefore, where a complaint is silent as to a defendant’s personal involvement, dismissal of the § 1983 claim as to that defendant is proper.

A § 1983 seizure claim cannot proceed against officers when there is no evidence that those officers seized the plaintiff.

Phillips v. Franco · filed 2009-05-07

However, Officer O’Donnell is no longer a party to this case, and Ms. Phillips has presented no evidence that the remaining defendants seized her. ... Specifically, the officers’ summary-judgment motion on the unlawful seizure claim (Doc. # 74) is GRANTED.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages may be awarded against that defendant.

Walls v. Fischer · filed 2009-05-11

Plaintiffs claims against Fischer and Conway must also be dismissed for lack of personal involvement. It is well established that a defendant’s personal involvement in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.

A § 1983 claim against a named defendant requires facts connecting that defendant to the alleged deprivation.

Washington v. Borejon · filed 2009-05-11

Even if we consider the factual allegations in the initial complaint, there is no connection between those facts and Ms. LePage. Thus, this claim was also properly dismissed.

Section 1983 permits individual liability when defendants know of unconstitutional conditions, can alleviate them, and refuse to act.

Mitchell v. Shomig · filed 1997-03-20

These allegations are plainly enough to establish defendants’ personal responsibility for the conditions of Mitchell’s cell under Gentry.

Section 1983 requires a damages plaintiff to allege each defendant’s personal involvement in the constitutional deprivation; responsibility for a facility’s overall operation alone is insufficient.

Adams v. Galletta · filed 1997-05-26

Personal involvement for purposes of a § 1983 action means “direct participation, or failure to remedy the alleged wrong after learning of it, or creation of a policy or custom under which unconstitutional practices occurred, or gross negligence in managing subordinates.”

Section 1983 requires a plaintiff to establish the defendant’s personal involvement in the alleged constitutional deprivation to hold that defendant liable.

ZULU v. Botta · filed 2009-05-14

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.

Section 1983 individual liability requires an official to participate in a rights violation, direct it, or know of and acquiesce in a subordinate’s violation.

Hill v. City of Philadelphia · filed 2009-05-14

As to individual liability under § 1983, we agree that appellees did not participate in violating appellant’s constitutional rights or direct others to violate, or know of and acquiesce in their subordinates violations of appellant’s rights.

Section 1983 requires a defendant’s personal involvement in the challenged conduct for liability.

DeWees v. Haste · filed 2009-05-18

Plaintiff has admittedly failed to come forward with evidence that Defendant Templeton played any part in the decision to eliminate Plaintiffs employment position, and the Court finds that Defendant Templeton is accordingly entitled to summary judgment on Plaintiffs First Amendment claims.

Section 1983 requires each government official’s alleged misconduct to be assessed individually because an official may be liable only for his or her own misconduct.

Brach v. City of Wausau · filed 2009-05-22

Because, under § 1983, a government official may be held liable only for his or her own misconduct, Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir.1995) (liability under 42 U.S.C. § 1983 requires defendant’s personal involvement in constitutional violation), their alleged misconduct must be considered individually.

Section 1983 requires personal participation in the alleged actions to support an individual capacity claim.

Bretches v. Kirkland · filed 2009-06-02

The individual capacity claim against Horel should be dismissed because the administrative actions taken are specifically alleged, and Horel did not personally participate in any of them.

Section 1983 requires allegations that each defendant personally participated in the alleged retaliation.

Miller v. Conway · filed 2009-06-03

Miller argues that an officer retaliated against him for exercising his right to free speech, but he failed to allege facts that Conway, Ferguson, McKenzie, and Breitinger participated in the retaliation.

Section 1983 permits individual liability only when the defendant directly participated in the wrongful acts.

Davis v. D.C. Department of Corrections · filed 2009-06-11

An individual may be personally liable under Section 1983 only if it is shown that she directly participated in the wrongful acts.

Section 1983 does not impose liability on a prison employee for confiscating and destroying materials when the employee had no authority to make those decisions.

Smith v. Matthews · filed 2009-06-17

Even if Smith's First Amendment rights were violated-and we do not mean to imply that they were-Matthews could not be liable for such a violation, because she had no authority to determine the materials were prohibited... Smith has failed to designate any evidence to the contrary.

Section 1983 requires a plaintiff to show that the defendant was personally involved in the constitutional violation.

5 Borough Pawn, LLC v. City of New York · filed 2009-06-22

To prevail on a claim under § 1983 for a violation of his constitutional rights, a plaintiff must establish that the defendant was personally involved in the constitutional violation.

Section 1983 allows a person to sue state actors who, under color of state law, personally cause the deprivation of a federal right.

Starkey v. Boulder County Social Services · filed 2009-06-29

We are persuaded by Defendants’ alternative defense that if there was any interference with the Star-keys’ constitutional rights, Defendants did not cause it.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual liability.

Jackson v. Johnson · filed 1998-11-24

A defendant personally must-have been involved in the allegedly unconstitutional action — here, the Tier III hearing— in order to be liable under Section 1983.

A § 1983 claim against individual officials alleging that they knew of and participated in a discriminatory policy can survive a motion to dismiss while their personal involvement is developed through further facts.

Farmer v. Ramsay · filed 1999-03-10

The complaint alleges a general policy of discriminating against non-minority students, even though it does not identify a published or acknowledged statement of such a policy, Farmer alleges that Ramsay, Foxwell, and Wilson knew of and participated in the discriminatory policy. ... Accordingly, the individual defendants’ Motion to Dismiss the § 1983 claim based on personal involvement must be denied.

Section 1983 liability requires a defendant’s affirmative involvement in the alleged deprivation of rights; a mere failure to act is insufficient.

Cobb v. Rector & Visitors of the University of Virginia · filed 1999-07-07

Here the plaintiffs' complaint does not contain any allegations that the members of the Board of Visitors, University administrators, Casteen, or Harmon played any affirmative part in depriving the plaintiffs of any constitutional rights. ... Thus, the plaintiffs' claimed constitutional violations rest on a failure to act theory and there is no need to go outside the pleadings to determine that the aforementioned parties did not commit an affirmative act depriving the plaintiffs of any constitutional rights.

Section 1983 requires a defendant to be personally involved in the alleged violation.

O'Keeffe v. Rimmer · filed 2009-07-07

The district court properly granted summary judgment on O’Keeffe’s claims that defendants violated his due process rights in connection with the parole revocation hearings because O’Keeffe failed to raise a genuine issue of material fact as to whether any defendant was personally involved in the alleged due process violations.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for damages; respondeat superior and vicarious liability do not apply.

Clark v. Levesque · filed 2009-07-08

The doctrines of respondeat superior and vicarious liability are therefore inapplicable in Section 1983 actions.

Section 1983 requires a causal connection between a defendant’s conduct and the deprivation of a federal right; a genuine dispute about the defendant’s involvement can preclude summary judgment.

Pagán-Cuebas v. Vera-Monroig · filed 2000-03-27

In order for a claim to be cognizable under § 1983, a plaintiff must plead and prove three elements: ... (3) that the defendant’s alleged conduct was causally connected to the plaintiffs deprivation. ... Thus, the Court holds that a genuine issue of fact exists as to his involvement in the adverse employment actions of which Plaintiffs complain.

Section 1983 does not impose liability for an unconstitutional search on an officer who remains outside interviewing a witness and does not participate in the search.

Hopkins v. Bonvicino · filed 2009-07-16

While the “integral participant” rule may extend liability beyond simply those officers who provide “armed backup,” it is clear that an officer who waits in the front yard interviewing a witness and does not participate in the unconstitutional search in any fashion cannot be held liable under Chuman.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Holmes v. Poskanzer · filed 2009-07-21

Here, the district court properly dismissed the Plaintiffs’ First Amendment claims. The Plaintiffs did not allege that any of the named defendants personally interfered with the student elections, claiming that only Corinna Caracci and the director of athletics, non-parties, intervened and thus, there was no personal involvement of any of the defendants to interfere with the elections.

Section 1983 requires allegations of a defendant’s personal involvement in the alleged constitutional deprivation to state a claim against that defendant.

Colon v. ZYDELL · filed 2009-07-22

I agree with defendants that plaintiff has not sufficiently alleged the personal involvement of any defendants other than Zydell and Kirkpatrick to state a § 1983 claim against the defendants.

Section 1983 requires evidence that a state official’s own action or legally required omission caused a deprivation of rights before the official can be held liable.

Winn v. Ely · filed 2009-07-27

The district court properly granted summary judgment in favor of defendant Superintendent' Blacketter because Winn failed to present any evidence supporting his claim that she violated his constitutional rights. See Leer v. Murphy, 844 F.2d 628, 633 (9th Cir.1988) (holding that state official is liable under § 1983 only “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 a constitutional right) (emphasis in original).

A § 1983 claim against an individual requires a tangible connection between the defendant and the alleged unlawful conduct.

Dallio v. Hebert · filed 2009-07-28

In order to prevail on a cause of action under 42 U.S.C. § 1983 against an individual, a plaintiff must show some tangible connection between the alleged unlawful conduct and the defendant.

Section 1983 requires a defendant’s personal involvement in the deprivation of a plaintiff’s constitutional rights.

Maye v. Vargas · filed 2009-07-29

A defendant cannot be held liable under section 1983 unless that defendant was personally involved in the deprivation of the plaintiffs constitutional rights. ... Because the aforementioned defendants could not possibly have been personally involved in any deprivation of Maye’s constitutional rights, and because there are no material facts in dispute on the matter of these four defendants, summary judgment is granted for defendants Vargas, Rosado, Garcia, and Jersey.

Section 1983 requires facts showing a supervisor’s personal involvement in the alleged misconduct.

Bangura v. City of Philadelphia · filed 2009-07-29

In order to state a claim against Commissioner Johnson under § 1983, Bangura was required to allege facts demonstrating that the Commissioner had personal involvement in the allegedly deficient training.

Section 1983 liability requires the defendant’s direct involvement in causing damages.

Newton v. City of New York · filed 2009-07-31

Any form of liability under section 1983 requires the defendant’s direct involvement to have caused damages.

Section 1983 requires facts showing that a defendant personally participated in the alleged constitutional violation.

Jenner v. Zavaras · filed 2009-07-31

As the district court explained, Mr. Jenner and Mr. Backus’s challenge to their classification as associates of the PMB fails because they have not alleged facts suggesting that the defendants participated in their classifications, or in any of the adverse consequences that followed or may follow from those classifications.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.

Swanigan v. Trotter · filed 2009-08-04

Because § 1983 requires personal involvement as a prerequisite to personal liability, all officers except for Trotter, Muehlfelder, Lynch, Mullane, Reyes and Poremba are entitled to summary judgment with respect to Count IV of Swanigan’s Third Amended Complaint.

Section 1983 requires facts connecting each defendant’s conduct to the alleged deprivation; a defendant’s position alone does not establish personal involvement.

Ocasio-Hernandez v. Fortuno-Burset · filed 2009-08-04

However, there are no additional factual allegations, such as interactions between the defendants and particular plaintiffs, to tie Fortuño, Vela, and Blanco to the deprivation of the plaintiffs’ constitutional rights.

Section 1983 requires a defendant’s personal involvement in unconstitutional conduct for liability.

Hamilton v. LAJOIE · filed 2009-08-04

Finally, there is the matter of each Defendant’s personal involvement, which is a prerequisite to liability under § 1983 for unconstitutional conduct. ... With the claims in counts three and four now dismissed, however, there are no specific allegations directed at Faucher, Verdone, or Iozzia. These Defendants are thus dismissed from this case.

Section 1983 requires an officer’s personal involvement in the use of excessive force for individual liability.

Alhovsky v. Ryan · filed 2009-08-07

Plaintiff really does not have an answer to the argument that the excessive force claim should be dismissed as against the officers who were not personally involved in the application of force or present when it was happening. Their motion is granted.

Section 1983 requires a plaintiff seeking damages from an individual defendant to show that defendant’s personal involvement in the alleged constitutional deprivation.

Brown v. Artus · filed 2009-08-11

Personal involvement of a named defendant in any alleged constitutional deprivation is a prerequisite to an award of damages against that individual under section 1983.

Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation.

Marshall v. Buckley · filed 2009-08-13

Thus, Plaintiff must plead personal involvement of each Defendant to properly state a claim under Section 1983.

Section 1983 claims against individual officials may proceed when the alleged facts, if proven, could establish their personal involvement in constitutional violations.

White v. Williams · filed 2002-01-09

However, for liability to attach to an individual defendant he or she must have been personally involved with the alleged constitutional violations. ... Plaintiffs have therefore alleged a set of facts which could form the basis of a claim under Section 1983, and, therefore, Paga-no’s and Verniero’s motions for dismissal of Count one are denied.

Section 1983 requires the defendant to have been personally involved in the deprivation or to have caused it through wrongful actions.

Buckenberger v. Reed · filed 2009-08-18

To succeed on a § 1983 claim, Buckenberger must also show “that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.” ... Based on the record and briefs before us, we cannot conclude as a matter of law that Jarrell’s failure to provide an affidavit to the magistrate was not causally connected to the deprivation.

Section 1983 requires evidence that the defendant foreseeably caused or participated in the unconstitutional action.

Fontanez v. Cornier · filed 2009-08-20

To prevail on his claim, Fontanez had to produce evidence that could convince a reasonable jury that Cornier forseeably caused or participated in an unconstitutional action—in this case, his arrest.

Section 1983 requires personal involvement in the constitutional deprivation; supervisory status alone does not establish liability.

Andrews v. Burge · filed 2009-08-25

Section 1983 claims require personal involvement in the prosecution.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Gay v. Chandra · filed 2009-08-28

Section 1983 does not impose liability on individuals who neither knew of a potential risk or were not “involved in the alleged deprivation” of Plaintiffs constitutional rights. ... Lacking any evidence that could support a finding of Dr. Chandra’s personal involvement in the condition of Gay’s bed, the Court must grant summary judgment in favor of Dr. Chandra as to this particular aspect of Gay’s conditions of confinement claim.

Section 1983 permits a property deprivation claim against officials alleged to have disposed of the property, approved its disposal, or refused to stop it.

Arisman v. Woodford · filed 2009-08-31

However, Arismaris claims against Walker, Muñoz, Woodford, and Grannis were sufficient to proceed beyond dismissal under section 1915A. Arisman alleged that Walker, as property officer, notified Arisman that he would dispose of the property at issue if Arisman did not do so himself, and did later dispose of the property. He further alleged that Muñoz, Walker’s supervisor, denied his grievances and approved of the property disposal, and that Woodford, then warden, and Grannis, chief of inmate appeals, denied and ignored his grievances and thus refused to stop the property disposal. Liberally construed, these allegations are sufficient to state a claim for intentional deprivation of property without due process of law.

Section 1983 requires a plaintiff to show a defendant's personal involvement or final policymaking authority in the alleged constitutional violation.

Hicks v. Tarrant County Sheriff's Department · filed 2009-09-01

Further, Hicks failed to allege that Commissioners Bagsby, Ravenswaay, Whitley, and Johnson were personally involved in the alleged constitutional violations, and, aside from conclusional allegations, he failed to allege or show that the Commissioners had final policymaking authority over the training of deputies and custodial officers or that they were final policymakers responsible for enacting policies ensuring the safety of pretrial detainees held in the TCJ. Therefore, the district court did not err when it dismissed Hicks’s claims against the Commissioners in their individual capacities. See Thompkins v. Belt, 828 F.2d 298, 303-04 (5th Cir. 1987).

Section 1983 requires an officer to affirmatively act personally in depriving a plaintiff of constitutional rights before liability attaches.

Ware v. James City County, Virginia · filed 2009-09-04

These three officers did not have the opportunity to assess the evidence, did not have the opportunity to determine whether probable cause existed, and did not make the decision to arrest Ware. Miller, Sten, and McMichael, as assisting officers, merely supported James, the lead officer, and provided for his safety during the arrest. Therefore, they did not affirmatively act in the alleged deprivation of Ware’s rights and are not liable under § 1983.

Section 1983 requires a causal link to and direct responsibility for the deprivation of rights.

Kent v. Iowa · filed 2009-09-10

Plaintiffs’ § 1983 claims also fails against White and Scott Miller because Plaintiffs have not demonstrated that either White or Scott Miller was directly responsible for any alleged deprivation of rights.

Section 1983 requires proof that a defendant was personally involved in the alleged constitutional deprivation to recover damages from that defendant.

Key v. Toussaint · filed 2009-09-20

But this vague threat, when considered in combination with the other speculative evidence as to the true cause of the loss of Key’s property, is insufficient to show that Moscoso and Toussaint were personally involved in destroying or losing Key’s property.

Section 1983 requires an individual defendant to be personally involved in the alleged constitutional deprivation to be liable.

Coward v. TOWN AND VILLAGE OF HARRISON · filed 2009-09-30

All other Individual Defendants are entitled to summary judgment as to Plaintiffs Section 1983 equal protection claims on grounds that there is no evidence that they were personally involved in any potentially racially discriminatory action against Plaintiff.

Section 1983 requires an individual defendant’s personal involvement in the constitutional violation.

Casciani v. Nesbitt · filed 2009-10-06

Plaintiffs selective-enforcement claim against Nesbitt also fails for lack of evidence of Nesbitt’s personal involvement in any enforcement actions. To make out a valid § 1983 claim against an individual defendant, a plaintiff must allege the defendant’s personal involvement in the constitutional violation.

Section 1983 requires integral participation or personal involvement to hold an officer liable; mere presence is insufficient.

Bryan v. Las Vegas Metropolitan Police Department · filed 2009-10-07

Officers who are merely present at the time of an unlawful search cannot be held liable under § 1983 without evidence of “either integral participation or personal involvement.”

Section 1983 imposes individual liability on an officer only when the officer’s own actions cause a deprivation of a constitutional right.

Conner v. Southfield Police Department · filed 2009-10-08

Section 1983 only provides a cause of action where the officer “subjects, or causes to be subjected,” an individual to the deprivation of a constitutional right.

Section 1983’s personal involvement requirement is sufficiently pleaded when a complaint alleges that a supervisor allowed harassment or learned of ongoing violations and failed to remedy them.

Willey v. Kirkpatrick · filed 2009-10-13

Such allegations are sufficient to allege Jeziorski’s and Kirkpatrick’s personal involvement at the pleading stage.

Affirming the denial of a prisoner’s grievance does not, by itself, establish a supervisor’s personal involvement under Section 1983.

Jones v. Harris · filed 2009-10-13

As to claims against the Superintendent in his individual capacity, it is well settled that “affirming the administrative denial of a prison inmate’s grievance by a high-level official is insufficient to establish personal involvement under section 1983.” Manley v. Mazzuca, No. 01 Civ. 5178, 2007 WL 162476, at *10, 2007 U.S. Dist. LEXIS 4379, at *33 (S.D.N.Y. Jan. 11, 2007). Therefore, no claim would lie against Marshall for his role in the grievance appeals process.

Section 1983 requires evidence connecting an individual defendant’s own conduct to the alleged deprivation of federal rights.

Del Valle v. Rico · filed 2009-10-14

Hence, plaintiff having failed to proffer evidence regarding codefendant’s personal involvement in either of the two subsisting allegedly retaliatory events, he cannot premise his § 1983 cause of action against ANGEL RIVERA on retaliation.

Section 1983 requires evidence that an individual defendant was personally responsible for or controlled the challenged employment decisions.

Trujillo v. Huerfano County Board of County Commissioners · filed 2009-10-19

As discussed above, there is no evidence in the record to support an inference that Cain is individually responsible for any employment action, or that he controlled the Board. Likewise, there is no evidence that Cain instructed or controlled any of Brunelli’s personnel decisions. Therefore, plaintiffs’ claims against Cain in his individual capacity fail as a matter of law, and thus, it is unnecessary to determine whether he is entitled to qualified immunity.

A § 1983 complaint must plead that each government official defendant violated the Constitution through that defendant’s own actions.

Williams v. Sirmon · filed 2009-10-23

In addition, he fails to “plead that each Government-official defendant, through [his] own individual actions, has violated the Constitution,” which is a requirement under Iqbal.

A § 1983 claim against an officer fails without evidence of the officer’s personal involvement in the alleged violation.

Parker v. Evans · filed 2009-11-04

Parker cites no evidence that Williams was involved in or ordered the search of his cell that allegedly led to the confiscation of his complaint. Without evidence of personal involvement, any claim against Williams is baseless.

Section 1983 requires personal involvement in the alleged constitutional violation; denying a grievance alone does not establish that involvement without a connection to the violation.

Gallagher v. Shelton · filed 2009-11-24

We agree with the reasoning in our previous unpublished decisions that a denial of a grievance, by itself without any connection to the violation of constitutional rights alleged by plaintiff, does not establish personal participation under § 1983.

A supervisor’s failure to remedy reported confinement conditions may establish personal involvement under § 1983.

Dickens v. Taylor · filed 2009-11-24

A failure to remedy problems could be viewed as personal involvement with the situation when the evidence is viewed in the light most favorable to Plaintiff. Because of this limited evidence, summary judgment is inappropriate.

Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged retaliatory acts, even when the claim involves a campaign of harassment.

Smith v. Central Dauphin School District · filed 2009-12-11

Further, contrary to Smith’s assertions, a plaintiff must still show each defendant’s personal involvement in the retaliatory acts in cases involving a campaign of harassment.

Section 1983 requires a plaintiff to connect each defendant’s conduct to a violation of federal rights.

Linwood Tracy, Jr. v. Clark · filed 2009-12-14

The district court properly dismissed Tracy’s action because he failed to allege how any of the defendants’ actions in attempting to restrain him from the unauthorized practice of law led to a constitutional violation.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional deprivation.

Abascal v. Jarkos · filed 2009-12-21

Whether pursued as Eighth Amendment challenges to the conditions of his confinement, Fourteenth Amendment due process claims, or First Amendment claims for retaliation, these claims were properly dismissed because Abascal failed to plead facts showing Hilton’s personal involvement in the complained-of transfer or strip-cell placement.

Section 1983 requires a plaintiff seeking damages to show that each defendant was personally responsible for the deprivation of a constitutional right.

Knight v. Wiseman · filed 2009-12-22

Since a § 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.”

Section 1983 requires a plaintiff seeking damages to show that the defendant was personally responsible for depriving them of a constitutional right.

Rick Knight v. Wiedau · filed 2009-12-22

Since a § 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.” Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir. 2006) (citing Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995)).

Section 1983 requires evidence that a defendant personally participated in, directed, or failed to act to prevent an alleged deprivation of constitutional rights.

Anderson v. Vare · filed 2009-12-22

We also affirm summary judgment on all claims asserted against Defendants Skolnick, Cox, and Gibbons because there is no evidence that they personally participated in, directed, or failed to act to prevent the alleged deprivations of Anderson’s constitutional rights.

Section 1983 requires allegations that the named defendants were involved in the wrongdoing.

Hudgson v. Hubbard · filed 2009-12-23

No construction of Hudson’s allegations or his complaint yield a cognizable claim under Section 1983. His complaint fails to allege involvement in wrongdoing by the named defendants, precluding a potential claim for false arrest or imprisonment.

Section 1983 requires a defendant’s personal involvement in the alleged misconduct; liability cannot rest on respondeat superior.

Oliver v. Beard · filed 2009-12-23

First, we conclude that the District Court properly dismissed the claims against defendants Beard, Tennis, Jedrejedzedek, Winkleman, and Sowash, as well as the claims against the John Doe and Jane Doe defendants, in Oliver’s first complaint. As the District Court and Magistrate Judge explained, Oliver did not allege that any of these defendants were personally involved in the alleged misconduct, as he must in order to hold them liable under § 1983.

Section 1983 requires facts showing that each defendant was personally involved in a deprivation of the plaintiff’s constitutional rights.

Mitchell v. Carder · filed 2009-12-29

The district court properly dismissed the First Amended Complaint because Mitchell failed to allege facts demonstrating that defendants were personally involved in any deprivation of his constitutional rights.

Section 1983 requires a plaintiff to plead specific facts connecting a defendant to the alleged constitutional violation.

Smith v. Livingston · filed 2009-12-30

Because Smith’s petition does not specify any legal basis for his claim, but essentially alleges a violation of his civil rights, we will treat his claim as a section 1983 cause of action. ... The plaintiff must plead specific facts establishing the defendant’s participation in the alleged violation. ... Smith failed to plead any facts establishing Livingston’s personal involvement or participation in the alleged violation of his plea agreement.

Section 1983 claims against officials concerning an ordinance’s enactment fail when those officials were not responsible for enacting it.

Benham v. City of Charlotte · filed 2010-01-08

Defendants Westbrook and Parker were not responsible for the enactment of either provision; therefore, claims against them relating to the facial challenge must be dismissed.

A state official is liable under § 1983 only if his actions cause the deprivation of a constitutional right.

Maddox v. California Department of Corrections & Rehabilitation · filed 2010-01-11

The district court properly granted summary judgment on the claims against defendant Lewis because Maddox failed to present any evidence supporting his claim that Lewis violated his constitutional rights. See Leer v. Murphy, 844 F.2d 628, 622-33 (9th Cir. 1988) (explaining that a state official is liable under § 1983 only if his actions cause the deprivation of a constitutional right).

Section 1983 does not impose liability on an official who was not personally involved in the challenged decision.

Boles v. Dansdill · filed 2010-01-12

As Mr. Walsh is not a member of the CDOC’s Non-Formulary Committee, he was not personally involved in this decision and cannot be held liable for it.

Section 1983 requires a defendant’s personal involvement in or direct responsibility for the alleged violation.

C.J. Stewart v. Baker · filed 2010-01-12

As to all other defendants, Stewart did not allege that defendants were personally involved in or had direct responsibility for the alleged deliberate indifference.

Section 1983 requires sufficient personal involvement in an alleged violation to hold a defendant liable.

Johnson v. Barney · filed 2010-01-12

Second, Johnson’s claims against Tracy failed as a matter of law because Johnson failed to allege sufficient personal involvement on Tracy’s part to make him liable under § 1983.

A § 1983 claim against a defendant cannot survive summary judgment on a theory of integral participation without record evidence supporting that participation.

Southern Waste Systems, LLC v. City of Coral Springs · filed 2010-01-22

I conclude that Plaintiffs’ arguments that the District is not entitled to summary judgment if the District “integrally participated” in the acts causing the alleged violations under § 1983 patently lacks factual basis in the record presented on summary judgement and does not create a material issue of fact.

Section 1983 requires a named defendant’s personal involvement in the constitutional violation, even when the plaintiff seeks nominal damages.

Tate v. Troutman · filed 2010-01-27

However, the availability of nominal damages does not dispense with the underlying requirement that the named defendants be personally involved in the constitutional violation.

Section 1983 imposes personal liability, so each defendant’s own conduct must be independently assessed.

Heartland Academy Community Church v. Waddle · filed 2010-02-08

“Liability for damages for a federal constitutional tort is personal, so each defendant’s conduct must be independently assessed.” ... Section 1983 does not sanction tort by association.

Section 1983 requires a defendant’s personal involvement in a constitutional violation for an award of damages.

Mateo v. Fischer · filed 2010-02-08

A defendant’s personal involvement in a constitutional violation is a “prerequisite to an award of damages under § 1983.”

Section 1983 requires a defendant's personal involvement in the alleged constitutional violation.

Russell v. County of Nassau · filed 2010-02-18

A defendant in a § 1983 action may not be held liable unless there is a showing of personal involvement, ie., direct participation or failure to remedy the alleged wrong after learning of it or creation of a policy or custom under which unconstitutional practices occurred. Id. On this basis the claims against Kampe and Goldfarb must fail.

Section 1983 does not impose damages liability on officials for staff actions based solely on their official positions.

OSU STUDENTS ALLIANCE v. Ray · filed 2010-02-22

Again, the individual defendants were not involved in the bin removal process. There are no facts tying individual defendants to any alleged lack of notice. Any claim for damages holding the defendants liable for the actions of Facilities Services staff by virtue of their official positions would effectively be barred by the Eleventh Amendment and 42 U.S.C. § 1983.

Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the deprivation of rights.

Hartman v. Correctional Medical Services · filed 2010-02-24

We agree with the District Court’s conclusion that Hartman’s failure to allege personal involvement on the part of these defendants is fatal to the claims against them.

Section 1983 requires proof of deliberate indifference when a defendant did not overtly participate in the events giving rise to a constitutional claim.

McCray v. Peachey · filed 2010-02-26

Absent overt participation in the events giving rise to a constitutional claim, McCray must demonstrate defendants acted with deliberate indifference.

Section 1983 requires a plaintiff seeking to hold an individual defendant liable to allege that the defendant personally participated in the constitutional deprivation.

Benjamin v. ILLINOIS DEPT. OF FINAN. & PROF. REG. · filed 2010-03-01

To bring a § 1983 claim against Harris in his individual capacity, plaintiff must allege some personal participation by Harris in the alleged deprivation of his constitutional rights. ... Viewing the allegations in the light most favorable to plaintiff, Thompson v. Ill. Dep't of Prof'l Regulation, 300 F.3d 750, 753 (7th Cir.2002), plaintiff has provided sufficient allegations to show that Harris was personally involved in the alleged constitutional deprivation.

Section 1983 requires a plaintiff suing an official individually to allege the official’s personal participation in the constitutional deprivation; allegations that the official knew of and consented to the conduct can suffice.

Benjamin v. Illinois Department of Financial & Professional Regulation · filed 2010-03-01

To bring a § 1983 claim against Harris in his individual capacity, plaintiff must allege some personal participation by Harris in the alleged deprivation of his constitutional rights. ... Viewing the allegations in the light most favorable to plaintiff, Thompson v. Ill. Dep’t of Prof'l Regulation, 300 F.3d 750, 753 (7th Cir.2002), plaintiff has provided sufficient allegations to show that Harris was personally involved in the alleged constitutional deprivation.

Section 1983 requires evidence of a defendant’s personal involvement in the alleged violation.

Felton v. Ericksen · filed 2010-03-04

And because liability under § 1983 requires a showing of personal involvement, see Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009) (citing Rascon v. Hardiman, 803 F.2d 269, 273 (7th Cir. 1986)); Chavez v. Ill. State Police, 251 F.3d 612, 652 (7th Cir. 2001), the absence of any evidence linking these two defendants to the seizure is enough to resolve the First Amendment claim as against them.

Section 1983 permits individual liability when a defendant was personally involved in depriving the plaintiff of constitutional rights.

Lujano v. Town of Cicero · filed 2010-03-05

An defendant may be held individually liable under § 1983 where the plaintiff can establish that the defendant was (1) personally involved in (2) the deprivation of (3) her constitutional rights.

To recover under § 1983 from an official personally, a plaintiff must show that the official was personally involved in or causally connected to the constitutional violation.

Pechon v. Louisiana Department of Health & Hospitals · filed 2010-03-08

No doubt, but to recover under § 1983 Pechon has to prove that Levine was either “personally involved in the constitutional violation” or “causally connected to the constitutional violation alleged.”

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.

Perrey v. Donahue · filed 2010-03-09

Thus, the State Defendants lack personal involvement in the alleged constitutional violation of which Perrey complains, and cannot be held liable under Section 1983.

Section 1983 requires an official’s act, participation in another’s act, or legally required omission to cause the alleged deprivation.

Pate v. Sacramento County Sheriff Depu · filed 2010-03-09

The district court properly granted summary judgment because the uncontroverted evidence showed that Garcia had no control over Pate’s placement in the housing unit in which Pate was attacked, nor was there evidence that Garcia knew of the risk to Pate’s safety before the attack. See Farmer v. Brennan, 511 U.S. 825, 837 (1994) (“[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety . . . .”); Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (providing that an official can be liable under § 1983 only “‘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’” at hand (citation omitted)).

Section 1983 does not impose liability on an individual officer for alleged excessive force when the plaintiff cannot identify which officer used it.

McNeil v. City of Easton · filed 2010-03-10

Where the plaintiff fails to identify which defendant officer is responsible for the alleged excessive force, there is no evidentiary basis on which to hold any of the defendants liable.

A plaintiff bringing a § 1983 discrimination claim must show that the individual defendants personally participated in or ratified the discrimination.

Alexander v. Ohio State University College of Social Work · filed 2010-03-12

To succeed under a § 1983 claim, Plaintiff must demonstrate that the individual Defendants personally participated in, or ratified, the discrimination.

Section 1983 requires proof that a defendant personally participated in or caused the alleged constitutional violation.

Marshall v. Buckley · filed 2010-03-19

Moreover, when bringing a claim under Section 1983, the plaintiff “must prove that the defendant personally participated in or caused the unconstitutional actions.” ... Plaintiff has not put forth evidence to show that the Defendant Officers were personally involved in the suppression of the May 31, 2005 photographs during Plaintiffs criminal trial.

Section 1983 requires a defendant’s personal involvement in the conduct underlying a constitutional claim; officers uninvolved in the post-arrest conduct leading to a prosecution are not liable for malicious prosecution.

Brandon v. City of New York · filed 2010-03-30

Here, because neither Klausner nor Stambuk was involved in any of the post-arrest conduct that led to Brandon’s prosecution (ie., drafting the arrest paperwork, swearing to the criminal complaint, or testifying before the grand jury), each lacks the requisite personal involvement to be liable pursuant to § 1983 and is thus entitled to qualified immunity.

Section 1983 liability requires a showing that the defendant personally participated in the alleged mistreatment.

Hunter v. Welchert · filed 2010-03-30

The district court properly granted summary judgment on Hunter’s Eighth Amendment and due process claims concerning his placement and treatment while in the locked observation unit because Hunter did not make a material showing that any defendant directed, participated in, or had knowledge of his alleged mistreatment.

Section 1983 requires proof of a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.

Kornegay v. Doe · filed 2010-03-30

It is well settled that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 requires personal involvement by a defendant in the alleged civil rights violation.

Hamilton v. Foti · filed 2010-03-30

Hamilton also alleged a Section 1983 claim against Foti in his individual capacity. The district court dismissed this claim because Hamilton failed to allege that Foti was personally involved in the alleged violation of his civil rights. It is unclear whether Hamilton challenges this conclusion on appeal. However, Hamilton’s allegations are that Gegenheimer, not Foti, was the one who made the breach of contract lawsuit subject to the PLRA. He has not alleged that Foti was personally involved. The personal involvement by a defendant “is an essential element of a civil rights cause of action.” Thompson v. Steele, 709 F.2d 381, 382 (5th Cir. 1983).

Section 1983 requires each defendant’s liability to be assessed individually based on that defendant’s own actions.

Kijowski v. City of Niles · filed 2010-04-08

Because “[e]ach defendant’s liability must be assessed individually, based on his or her own actions[,]” Dorsey v. Barber, 517 F.3d 389, 399 n.4 (6th Cir. 2008), we confine our analysis to the actions Officer Aurilio is claimed to have taken.

Section 1983 requires a complaint alleging deliberate indifference to identify a specific defendant who engaged in that conduct.

Chase v. The Prior and Present DOC Commissioners · filed 2010-04-09

We note Chase failed to indicate in his complaint that any specific Defendant acted with deliberate indifference to his serious needs.

A § 1983 complaint alleging deliberate indifference must identify a specific defendant who acted with deliberate indifference to the plaintiff’s serious needs.

Chase v. Prior & Present Doc Commissioners of Corrections · filed 2010-04-09

We note Chase failed to indicate in his complaint that any specific Defendant acted with deliberate indifference to his serious needs.

Section 1983 can impose liability on a forensic analyst whose recklessly false information causes an arrest and prosecution, even if the analyst did not initiate the charges.

Kerns v. Board of Com'rs of Bernalillo County · filed 2010-04-12

The Court finds, therefore, that Haag was on sufficient notice that providing recklessly false information, upon which others relied to arrest and prosecute J. Kerns, could subject him to § 1983 liability.

A § 1983 claim requires an affirmative link between the alleged constitutional deprivation and the defendant’s personal participation.

Barrett v. Orman · filed 2010-04-15

Because the allegations against Mr. Williams do not show an affirmative link between the constitutional deprivation and his personal participation, Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir. 2009), Mr. Barrett failed to state a claim on which relief could be granted against Mr. Williams.

Section 1983 requires a plaintiff to allege how an official deprived the plaintiff of a protected right through affirmative conduct or a failure to act.

Wilson v. Zafra · filed 2010-04-20

The district court also properly dismissed Wilson’s remaining claims because they are vague and conclusory and because Wilson failed to allege how any official deprived him of his constitutional or other protected rights by affirmative conduct or through failure to act, as required under Section 1983.

Section 1983 requires evidence identifying an official responsible for the alleged retaliatory act.

Scales v. Davis · filed 2010-05-03

Furthermore, since Scales has produced no evidence identifying any official responsible for his transfer, his retaliation claim fails as a matter of law.

Section 1983 requires a public official’s personal involvement in the violation; the official cannot be held liable solely for a subordinate’s actions.

Elkins v. District of Columbia · filed 2010-05-03

Public officials are not vicariously liable for the actions of their subordinates; respondeat superior liability does not apply in civil rights cases under 42 U.S.C. § 1983.

Section 1983 claims against defendants are subject to dismissal when the complaint does not allege wrongful conduct by them.

Musgrove v. Harrison County · filed 2010-05-03

The plaintiff also does not specifically allege any wrongful conduct by Harrison County, its circuit clerk or the court reporter involved in Musgrove’s criminal case, and the claims against them are therefore subject to dismissal for failure to state a claim upon which relief may be granted.

An individual is liable under § 1983 only if personally involved in the alleged constitutional deprivation.

Carthew v. County of Suffolk · filed 2010-05-06

For an individual to be liable under § 1983, the individual must have been personally involved in the alleged constitutional deprivation.

Section 1983 requires evidence that the defendants were personally involved in the alleged retaliation; suspicious timing alone is insufficient.

Hung Nam Tran v. Kriz · filed 2010-05-06

To withstand summary judgment, the appellant needed to present some evidence beyond suspicious timing to show that the defendants were personally involved in the purported retaliation.

A § 1983 claim against an individual defendant requires facts showing that defendant’s personal involvement in the alleged deprivation.

Fortune v. Hamberger · filed 2010-05-07

Because Fortune did not demonstrate any facts, if proven true, that would show that Defendants Patterson and Scott were involved in the deduction of funds from his account, his claims against them cannot be sustained under § 1983.

Section 1983 requires a plaintiff to establish that each defendant was personally involved in the alleged constitutional violation.

Radunz v. Muhlhausen · filed 2010-05-13

A plaintiff cannot recover under § 1983 without establishing that the defendants were personally involved in the alleged constitutional violation, see Knight v. Wiseman, 590 F.3d 458, 462-63 (7th Cir.2009); Johnson v. Snyder, 444 F.3d 579, 583 (7th Cir.2006), and thus the district court correctly concluded that he failed to state a due-process violation.

Section 1983 individual-capacity liability requires evidence of the defendant’s personal involvement in the alleged violation.

Braga v. Hodgson · filed 2010-05-14

Second, the district court also properly granted summary judgment as to Braga's Section 1983 claim against the Sheriff in his individual and official capacities. As to Braga's individual capacity claim, the summary judgment record showed absolutely no evidence of the Sheriff's personal involvement with or knowledge of Braga's medical care.

Section 1983 imposes liability only on a defendant who personally participated in or directed a violation.

James v. Rowlands · filed 2010-05-26

Of course, § 1983 imposes liability on a defendant only if he or she personally participated in or directed a violation.

Section 1983 requires a plaintiff to allege each defendant’s personal participation in the constitutional deprivation; supervisory status alone does not establish liability.

Silvera v. Connecticut Department of Corrections · filed 2010-05-27

This causation requirement is not an empty formality; rather, to state a valid cause of action under § 1983, a plaintiff must allege that each named defendant had personal participation in the alleged constitutional deprivation.

Individual liability under § 1983 requires personal involvement in the alleged constitutional violation.

Kirby v. Ezell · filed 2010-06-03

Further, because Kirby has failed to create a genuine issue of material fact as to Horton’s personal involvement in any alleged denial of Kirby’s access to the courts, the district court correctly concluded that Horton is entitled to summary judgment on this claim.

Section 1983 requires a plaintiff to show an affirmative causal connection between a government actor’s acts or omissions and the alleged constitutional violation, which may be shown by personal involvement.

Brown v. City of Huntsville, Ala. · filed 2010-06-07

To establish § 1983 liability, a plaintiff must show “proof of an affirmative causal connection” between a government actor’s acts or omissions and the alleged constitutional violation, which “may be established by proving that the official was personally involved in the acts that resulted in the constitutional deprivation.”

Section 1983 requires an affirmative causal connection between an officer’s conduct and the alleged constitutional violation; mere presence at an arrest does not establish liability.

Brown v. City of Huntsville, AL · filed 2010-06-07

Merely being present with the arresting officers at the scene is not enough, unless the plaintiff can show that the defendant officer was part of the chain of command authorizing the arrest action.

Section 1983 requires a defendant to be personally involved in the deprivation of constitutional rights.

Larsen v. Fort Wayne Police Department · filed 2010-06-11

Furthermore, though Damerell admits that at a certain point he decided Larsen should leave the building, Larsen has not pointed to any evidence that Damerell asked or encouraged the Officers to use force or to arrest him. Thus, any Fourth Amendment claim against Damerell fails at the outset. See Whitford v. Boglino, 63 F.3d 527, 530-31 (7th Cir.1995) (explaining that to state a claim under § 1983, plaintiff must show that defendants were “personally involved” in the deprivation of his constitutional rights).

Section 1983 requires a defendant’s involvement in the particular deprivation alleged; participation in an arrest alone does not establish liability for a later denial of medical care.

SCONDRAS v. City of Lawrence · filed 2010-06-14

Certainly, plaintiff has properly alleged that Shaffer acted under the color of state law and that Michael acted at Shaffer’s direction in tempting Seondras to come to Lawrence and then in participating in the arrest and alleged violence. ... Plaintiffs amended complaint makes no specific allegations that once he was arrested, Michael 1) continued to act under Shaffer’s direction, 2) played any role in Scondras’s care (or lack thereof) or 3) had any obligation to do so.

Section 1983 requires a defendant to be personally responsible for the constitutional violation.

Tate v. Riegert · filed 2010-06-17

Tate had to show that the defendants were personally responsible for the constitutional violation, meaning that they facilitated, approved, condoned, or ignored the violation.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Armstrong v. Keating · filed 2010-06-22

The district court properly granted summary judgment for defendant because Armstrong failed to raise a triable issue as to whether the funds in his account were exempt from withdrawal for restitution or whether defendant was personally involved in withdrawing the funds.

Section 1983 permits liability for a state actor who causes a deprivation of constitutional rights, even if the actor did not create the restriction being enforced.

Liberty and Prosperity 1776, Inc. v. Corzine · filed 2010-06-24

Section 1983 provides for liability for every person who “subjects, or causes to be subjected,” a citizen to the deprivation of constitutional rights. 42 U.S.C. § 1983. ... This is sufficient to raise a plausible claim that Mr. Landgraf caused Plaintiffs to be subjected to restrictions on their speech.

Section 1983 permits liability only when the defendant personally causes or participates in the alleged deprivation of rights.

Brooks v. Austin · filed 2010-06-30

A defendant can be liable for a civil rights violation under § 1983 only if he or she “subjects, or causes to be subjected,” the plaintiff to the deprivation of rights alleged. ... We further find that Plaintiff has not plead sufficient facts to show that C.O. Weaver deprived him of any constitutional rights.

Section 1983 requires facts showing an individual defendant’s personal involvement in the alleged harm.

Morgan v. County of Nassau · filed 2010-07-01

First, with respect to Mulvey and Pandolfo, the Court notes that, to sustain a Section 1983 claim against a person in his or her individual capacity, a plaintiff must allege facts showing the individual’s personal involvement in causing the harm alleged.

Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation of constitutional rights; allegations that officials delivered unlawful ultimatums are sufficient at the pleading stage.

Soundview Associates v. Town of Riverhead · filed 2010-07-14

Thus, plaintiffs complaint alleges that these defendants were personally involved in the deprivation of plaintiffs constitutional rights and delivered the unlawful ultimatums to plaintiff. Accordingly, the motion by defendants Ehlers and Thomas to dismiss the claims against them on this ground is denied.

Section 1983 permits liability without direct participation when an official’s control or direction causes a constitutional deprivation.

Mink v. Knox · filed 2010-07-19

The plaintiff may demonstrate causation by showing an affirmative link between the constitutional deprivation and the officer’s exercise of control or direction.

Section 1983 liability requires a defendant’s personal participation; contact limited to a prison grievance procedure does not establish it.

McMillan v. Carpenter · filed 2010-07-20

We affirm summary judgment as to state defendants Speer and Hartly, whose only contact with McMillan was through the prison grievance procedure. 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.”).

Section 1983 liability for an official’s failure to act requires a legal duty to act and an omission that causes the deprivation.

Chatman v. Early · filed 2010-07-22

The district court properly granted summary judgment on Chatman’s claims against defendant Chen, the former Chief Deputy Inspector General for the California Office of the Inspector General, because Chatman failed to create a genuine issue of material fact as to whether Chen was legally required to intervene ... after conducting investigations, at Chatman’s request, into the conditions of Chatman’s confinement. See Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (an official can be liable under section 1983 only “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 plaintiff complains (citation and quotation marks omitted)).

Section 1983 requires a plaintiff to show personal involvement by officials sued under it.

Cook v. McConnell Unit · filed 2010-07-23

Cook has also failed to show personal involvement on the part of the warden and the TDCJ officials.

Section 1983 requires a defendant’s personal involvement; conclusory allegations that officials condoned a deprivation are insufficient.

Bellezza v. Holland · filed 2010-07-30

These conclusory allegations do not constitute personal involvement and are therefore insufficient to bring a § 1983 claim.

Section 1983 requires a defendant’s personal involvement for individual liability; receiving an inmate’s letter alone is generally insufficient, but setting the challenged policy and responding to a complaint can establish involvement.

Ward v. Rabideau · filed 2010-08-02

Generally, the receipt of a letter is insufficient to establish personal involvement under § 1983. ... Dean set the kosher menus throughout DOCS and, thus, was personally involved. Though he had subordinates as his eyes and ears, it appears from his testimony that those subordinates reported back to Dean who, at least in this case, personally responded to Ward’s letter complaining about the kosher meals at Groveland. Dean must, therefore, remain as a defendant.

Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing.

Thomas v. Beard · filed 2010-08-05

The District Court also properly dismissed any claims against the remaining defendants where Thomas did not allege their personal involvement in any wrongdoing.

Section 1983 requires an alleged retaliatory act to be attributable to the defendant.

Caldwell v. Luzerne County Corrections Facility Management Employees · filed 2010-08-11

To the extent that Caldwell alleges that Defendants retaliated against him for filing a lawsuit against them by criminally charging him with counts of terroristic threats in Luzerne County, that claim will be dismissed, as it is the Luzerne County District Attorney's Office who brings criminal charges, not Defendants, and thus such adverse action cannot be attributed to any named Defendant.

A § 1983 claim against a prison superintendent requires an allegation of personal involvement.

Frazier v. SCI Med Dispensary Doctor · filed 2010-08-23

Frazier never alleged any personal involvement by Palakovich, making any § 1983 deliberate indifference claim untenable as to the prison superintendent.

Section 1983 requires the defendant to have been personally involved in the alleged violation.

Weathers v. Cano · filed 2010-08-26

The district court did not err in granting summary judgment in favor of Cano. She presented evidence that she was not personally involved and showed there was no genuine issue as to identity.

Section 1983 requires allegations showing a defendant’s personal involvement in the alleged deprivation of rights.

Dameon Ham v. Ken Clark · filed 2010-08-27

The district court properly dismissed the claim against Warden Clark because Ham failed to allege facts indicating Clark’s personal involvement in the treatment of Ham’s sinus, hypertension, and pain medication problems.

Section 1983 liability requires a defendant’s personal involvement in the conduct challenged.

Trujillo v. Williams · filed 2010-09-03

We affirm the district court’s grant of summary judgment, for the simple reason that, as the magistrate judge’s recommendation (subsequently adopted by the district court) stated, there was ample evidence that the two New Mexico defendants in this case had nothing to do with Mr. Trujillo’s classification or employment status at WRSP.

Section 1983 claims against individual defendants require allegations that they personally participated in unlawful conduct; conclusory accusations are insufficient.

Link v. State of California · filed 2010-09-07

Link’s §§ 1983 and 1985(3) and RICO claims against the remaining defendants in their individual capacities failed because his conclusory assertion that they engaged in unspecified “misfeasance, malfeasance, and nonfeasance” was insufficient to allege that they personally participated in any conduct that violated these statutes.

Section 1983 requires a plaintiff to identify a defendant responsible for the alleged deprivation of rights.

Smith v. Jaramillo · filed 2010-09-10

Smith failed to identify any individuals responsible for denying him admission into the GRAD Program.

Section 1983 requires a basis for holding individual board members liable; giving a superintendent discretion to discipline an employee did not, by itself, establish their liability.

Flores v. Von Kleist · filed 2010-09-10

Plaintiff, however, has cited no ... authority in support of this proposition, nor demonstrated that Defendants Porras and McDaniels may be held liable for his claims as a result of the “unfettered discretion” they allegedly gave to Defendant Von Kleist. Accordingly, Defendants Porras and McDaniel’s motions for summary judgment are granted on all of Plaintiffs claims and they are dismissed as Defendants in this case.

Section 1983 does not make prison officials liable for an alleged deprivation merely because they evaluated or rejected an inmate’s institutional complaint.

Hohol v. Jess · filed 2010-09-14

But simply evaluating or rejecting an inmate’s institutional complaint does not make a prison official complicit in the alleged deprivation.

A § 1983 claim against an individual requires factual allegations connecting him to the alleged wrongdoing or supporting his participation in a conspiracy.

DB Enterprise Developers & Builders, Inc. v. Micozzie · filed 2010-09-17

As the District Court noted, DB’s complaint fails to allege any facts connecting Thomas to Nicholas’s demand that DB perform sewer work. Nor does the complaint allege any facts in support of DB’s assertion to us that “since Thomas was present when Nicholas made some of these threats, it is fair to allege that Thomas and Nicholas conspired to violate DB’s rights through extortion.” (Appellant’s Br. at 8-9.) Absent sufficient factual allegations of a conspiracy, we are “not required to accept legal conclusions alleged in the complaint.” Mayer v. Belichick, 605 F.3d 223, 229 (3d Cir. 2010). Accordingly, the District Court did not err in granting Thomas’s motion to dismiss Count 1.