42 U.S.C. § 1983

Section 1983 requires allegations showing each defendant’s personal involvement; allegations against defendants as a group are insufficient.

Cosgrove v. DEPT. OF SOCIAL & REHABILITATIVE SVCS. · filed 2010-09-29

Defendants contend that plaintiff fails to sufficiently allege their personal involvement, as is required under § 1983 to set forth a cognizable claim for relief. The court agrees.

Section 1983 permits damages against a state employee only when the employee causes or participates in a constitutional violation.

Jackson v. Thurmer · filed 2010-09-29

The phrase “personal involvement” does not appear in the First Amendment or 42 U.S.C. § 1983. Rather, courts use this term as shorthand for the requirement in § 1983 that a state employee may not be held liable for damages unless he “subjects or causes to be subjected” a person to a constitutional violation.

Section 1983 permits individual liability only when the defendant played an affirmative part in the alleged misconduct.

Alexander v. Fritch · filed 2010-10-05

Individual liability can be imposed under § 1983 only if the defendant played an “affirmative part” in the alleged misconduct.

Section 1983 does not impose liability on supervisory officials who had no personal involvement in the alleged violation.

Granberry v. Chairman of Pennsylvania Board of Probation & Parole · filed 2010-10-06

Secretary Jeffrey A. Beard, Chairman Catherine McVey, and Superintendent Marilyn Brooks had no personal involvement in the events and were entitled to judgment in their favor.

A § 1983 claim against a supervisory official fails without that official's personal involvement in the alleged violation.

Dawn Ball v. Hartman · filed 2010-10-07

The District Court also correctly explained that Ball’s claim against Beard fails for lack of his personal involvement and that her claim against Cicero fails because Cicero is protected by quasi-judicial immunity.

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

Hubbard v. Danberg · filed 2010-10-13

The grant of summary judgment was also proper, as the District Court mentioned, because the plaintiffs failed to show that any of the defendants were personally involved in any constitutional violation.

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

Comb v. BENJI'S SPECIAL EDUCATIONAL ACADEMY, INC. · filed 2010-10-15

A plaintiff bringing a § 1983 action must "specify the personal involvement of each defendant." See Murphy v. Kellar, 950 F.2d 290, 292 (5th Cir.1992). Plaintiffs allege that the violation giving them a right to relief under § 1983 arises out of the series of events leading up to and after the September 13, 2010 suspension of the Academy's operations. The Proposed Second Amended Complaint sets forth Mr. Schneider's involvement, along with that of the other Defendants, in these events.

Section 1983 requires a connection between a defendant’s actions and the alleged deprivation of rights.

Antonetti v. Skolnik · filed 2010-10-25

The statute plainly requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff.

Section 1983 permits nominal damages against an official who knowingly applies a policy that violates an inmate’s constitutional rights.

Willis v. Commissioner, Indiana Department of Correction · filed 2010-11-01

However, knowingly applying a policy in violation of an inmate’s First Amendment rights—even if evenhandedly—is not permitted under § 1983. Since Chaplain Hodges does not dispute Mr. Willis’s assertion that he knowingly violated his First Amendment rights, the Court finds that he is personally responsible for the constitutional deprivation. Accordingly, he is liable for nominal damages.

Section 1983 requires facts showing a defendant’s personal involvement in the alleged constitutional violation; an unsupported allegation that a warden condoned mistreatment is insufficient.

Price v. Executive Director of the Colorado Department of Corrections · filed 2010-11-02

His single attempt to link the warden to his claims of due process and equal protection violations in his prison hearings is a conclusory statement (that the warden condoned the mistreatment) unsupported by underlying facts, and is therefore insufficient.

Section 1983 requires a defendant to be personally responsible for a deprivation of property without due process.

Brown v. City of Fort Wayne · filed 2010-11-04

Brown argues that someone, presumably Engelman, took her Sprint cell phone and cash, but in order to establish liability under § 1983, Brown must show that Engelman was personally responsible for the deprivation of her property without due process.

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

Harris v. Illinois · filed 2010-11-09

In order for an individual to be liable under § 1981 or § 1983, he or she must have been personally involved in the alleged constitutional violation.

Section 1983 requires a plaintiff to connect an individual defendant’s actions to the alleged deprivation of federal rights.

Reid Machinery Inc. v. Lanzer · filed 2010-11-18

We need not address the merits of Reid Machinery’s due-process claims, however, because it cannot show that the alleged procedural and substantive due-process violations were caused by actions of the defendant deputies.

Section 1983 requires a defendant's personal involvement in the conditions underlying a prisoner's claim.

Randolph v. Simmons · filed 2010-11-29

Plaintiff does not allege that his conditions of confinement were unusually harsh, and even if they were, there is no indication that either defendant had any personal involvement with respect to those conditions.

Section 1983 requires personal involvement in the alleged constitutional violation; promptly referring a prisoner’s letters to others for investigation and response does not establish it.

Goris v. Breslin · filed 2010-11-30

The record shows that Dr. Wright’s personal involvement was limited to the receipt of two letters from Goris, which he promptly referred to other individuals for investigation and response. Accordingly, Goris has failed to establish the requisite personal involvement on Dr. Wright’s part, and the district court properly granted summary judgment in Dr. Wright’s favor.

Section 1983 requires facts showing each defendant’s personal involvement in the alleged constitutional violation.

Kelly v. Arizona Ex Rel. Arizona Department of Corrections · filed 2010-12-02

Butcher does not allege any personal involvement by Schriro and Larson sufficient to make them complicit in Kelly’s death.

Section 1983 requires a plaintiff seeking to hold an official personally liable to allege that official’s own involvement in the constitutional violation.

Rodriguez-Diaz v. Cruz-Colon · filed 2010-12-15

Accepting these allegations as true, the court finds that Plaintiff has sufficiently alleged actions by defendant Cruz, which demonstrate his personal involvement in the alleged violations of Plaintiffs constitutional rights.

Section 1983 requires a plaintiff to allege and ultimately prove that each defendant was personally involved in the violation of the plaintiff’s constitutional rights.

Barnes v. Fedele · filed 2011-01-13

A plaintiff asserting a § 1983 claim must allege, and ultimately prove, that the defendant was personally involved in the violation of his constitutional rights.

Section 1983 requires a plaintiff to connect the named defendants personally to the alleged deprivation of rights.

Green v. Revel · filed 2011-01-18

Green failed to show, however, that any of the named defendants personally knew about the threat made by his cellmate or that any of the defendants prevented him from receiving a full medical examination.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; a supervisory position alone does not establish liability.

Fennell v. Rodgers · filed 2011-01-26

A reasonable jury could not find that Scarborough was personally involved in plaintiffs claims. Therefore, the court will grant Scarborough’s motion for summary judgment.

Section 1983 requires a plausible allegation that a named defendant participated in the constitutional wrong; authority over personnel decisions alone does not establish liability.

Penalbert-Rosa v. Fortuno-Burset · filed 2011-01-28

But, save under special conditions, an adequate complaint must include not only a plausible claim but also a plausible defendant. Yet there is nothing in the complaint beyond raw speculation to suggest that the named defendants participated--either as perpetrators or accomplices--in the decision to dismiss Peñalbert.

Section 1983 does not make named officers liable for an unidentified officer’s acts without a basis for shared liability.

Rasmussen v. City of New York · filed 2011-02-02

Rasmussen cannot predicate claims against named defendants based on the acts of unnamed defendants since there is no basis for vicarious or shared liability between them.

A § 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement.

Costello v. City of Burlington · filed 2011-02-14

The complaint does not allege facts establishing the personal involvement of any of the individual ... Defendants (except for Sgt. Lewis). This defect is fatal to Costello’s claim under 42 U.S.C. § 1983.

A § 1983 plaintiff must show that the defendant caused or participated in the constitutional deprivation.

Delapaz v. Richardson · filed 2011-02-14

To survive summary judgment, a plaintiff claiming a violation of § 1983 must produce evidence that the defendant “caused or participated in [the] constitutional deprivation.”

Section 1983 requires a defendant’s personal involvement in the alleged violation; an inadequate investigation after an assault or a failure to respond to a later letter does not establish it.

Jordan v. Fischer · filed 2011-02-17

Accordingly, the court adopts Judge Baxter’s finding of no personal involvement by defendants Fischer, Artus, and Racette, and dismisses them from this action.

Section 1983 requires personal direction, actual knowledge, or acquiescence to hold an individual liable for a constitutional violation.

L.S. Ex Rel. S.S. v. Mount Olive Board of Education · filed 2011-02-25

However, these allegations in no way indicate any level of personal direction, actual knowledge, or acquiescence in the disclosure of S.S.’s evaluation. Therefore, Plaintiffs’ claims under Section 1983 against Mr. Iannucci, Ms. Strahl, Mr. Stansberry, and Ms. Lamonte for the violation of S.S.’s right to privacy are dismissed.

Section 1983 requires allegations connecting a defendant’s actions to the claimed deprivation of rights.

Pierce v. Edward Alameida, Jr. · filed 2011-02-28

The district court properly dismissed the claims involving defendants Chief Medical Officer of CCC-Susanville and Warden Runnels because Pierce did not allege a connection between the actions of these defendants and the deprivations he claimed to have suffered.

Section 1983 requires allegations of each defendant’s personal involvement in the alleged violation.

Aho v. Anthony · filed 2011-02-28

Allegations of personal involvement by the particular defendants is a prerequisite to liability under a § 1983 claim. ... Accordingly, Aho has failed to sufficiently allege the defendants’ personal involvement and his claims that Anthony and Sylvestre violated his rights to vote and due process, brought under 42 U.S.C. § 1983, are dismissed.

Section 1983 requires evidence of an individual defendant’s personal involvement in the alleged deprivation of rights; a police commissioner’s position alone does not establish it.

RAZZANO v. County of Nassau · filed 2011-02-28

However, while Commissioner Mulvey is the head of the police department that carried out this policy, there is no evidence — aside from his position — showing that he had or should have had knowledge of this particular police department policy. Given this complete lack of evidence, along with the plaintiffs decision not to address this issue in any way, the Court finds that there are no triable issues of fact with respect to Mulvey’s personal involvement in this case. The Court therefore dismisses the plaintiffs Section 1983 claim as against Mulvey.

Section 1983 requires a defendant’s personal involvement in the alleged deprivation; a medical provider who did not treat the condition is not liable for pain attributed to its treatment.

Williams v. Romana · filed 2011-02-28

The district court correctly concluded that Swanson was not liable for Mr. Williams’s throat pain because she was not at all involved in treating him for that condition.

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

Coleman v. California Department of Corrections & Rehabilitation · filed 2011-03-07

The district court properly granted summary judgment for the Internal Classification Committee defendants because Coleman failed to raise a genuine issue of material fact as to whether these defendants were personally involved in denying a transfer for physical therapy.

Section 1983 does not make an official liable for an action in which he had no involvement.

McDowell v. Litz · filed 2011-03-10

Litz cannot be liable for an action that was entirely unrelated to him.

Section 1983 requires a damages plaintiff to allege that each defendant was personally responsible for the alleged deprivation of constitutional rights.

Brady v. Gonzalez · filed 2011-03-11

Brady’s complaint seeks damages, but in order to recover damages under § 1983, he must allege that the defendants were “personally responsible” for the alleged deprivations of his constitutional rights.

Section 1983 requires facts showing an individual defendant’s personal involvement in the alleged violation; a conclusory allegation that a supervisor allowed it to occur is insufficient.

Nevarez v. Hunt · filed 2011-03-16

To state a claim against an individual defendant under § 1983, a plaintiff must allege facts demonstrating that individual’s personal involvement in the alleged § 1983 violation. ... No facts are alleged to support that allegation, and I see no basis for a claim against Hunt.

Section 1983 permits liability for prison officials who watch a constitutional violation without intervening.

May v. Trancoso · filed 2011-03-16

Likewise, he also has a triable claim against Trancoso, Henry, Sambdman, Sternes, and Montgomery because May presented evidence that each one watched the second search without intervening, which is sufficient to subject them to liability.

Section 1983 does not support a claim against officials who mishandle grievances but did not cause or participate in the underlying conduct.

Owens v. Hinsley · filed 2011-03-18

Prison grievance procedures are not mandated by the First Amendment and do not by their very existence create interests protected by the Due Process Clause, and so the alleged mishandling of Owens’s grievances by persons who otherwise did not cause or participate in the underlying conduct states no claim.

Section 1983 does not allow a direct claim against an official who was not personally involved in the alleged incident.

Hernandez v. City of Napa · filed 2011-03-21

However, there is no allegation or argument that Chief Melton was involved in the incident in a personal capacity so there can be no direct § 1983 claim against him.

Section 1983 requires evidence that a defendant was personally involved in or knowingly acquiesced in the alleged retaliation.

Washington v. DiGuglielmo · filed 2011-03-22

We also agree that summary judgment was appropriate on Washington-El‟s retaliation claim as to all defendants other than Dohman because Washington-El produced no evidence that those defendants were personally involved or knowingly acquiesced in Dohman‟s alleged retaliation.

Section 1983 requires a defendant to be personally involved in, or causally connected to, the alleged deprivation.

Nickols v. Morris · filed 2011-03-24

Regarding her claim for lack of proper medical care, Nickols has not shown that the defendants were personally involved in, or causally connected to, her access to medical care while in jail.

Section 1983 requires a defendant to cause or participate in the alleged constitutional deprivation.

Hohol v. Jess · filed 2011-03-24

Because Defendants did not cause or participate in the initial decision to deny receipt of the book set, they are not subject to liability under § 1983.

Section 1983 does not impose liability on a prison official who had no connection to the plaintiff or the events underlying her claim.

Chao v. Ballista · filed 2011-03-25

Azzato is the current director of security at SMCC. He did not begin working at SMCC or even at the DOC until 2005, after Chao had already been paroled. Ryan Aff. ¶ 29 (document # 107-1). He therefore has no relationship to Chao, Ballista or to this case. The claims against him are DISMISSED.

Section 1983 requires an employee defendant to have been personally involved in the alleged violation of constitutional rights.

Fisher v. Fulwood · filed 2011-03-27

Under § 1983, the crucial question is whether an employee-defendant was personally involved in the alleged violation of the plaintiffs constitutional rights.

Section 1983 requires a plaintiff to link each defendant to an alleged constitutional violation through personal involvement or a policy the defendant promulgated.

Brittain v. Sheriff of Riverside County · filed 2011-03-28

The district court properly granted summary judgment to defendant Laus because Brittain failed to raise a genuine issue of material fact as to whether Laus was personally involved with, or promulgated a specific policy that led to, the alleged constitutional violations.

Section 1983 requires each individual defendant’s own knowledge and actions to support liability; vicarious liability is unavailable.

Hayes v. ERIE COUNTY OFFICE OF CHILDREN AND YOUTH · filed 2011-03-29

In addition, each Defendant’s potential liability must be predicated on the basis of his or her own personal knowledge and actions relative to Brittany’s case, because liability under § 1983 cannot be premised on theories of vicarious liability or respondeat superior.

An individual official’s liability under § 1983 requires factual allegations linking that official’s own conduct to the alleged violation; vague references to defendants as a group do not suffice.

CANMAN v. Bonilla · filed 2011-03-29

None of these vague references allow an inference as to any particular defendant’s liability for the wrongs or misconduct alleged, as stated in Iqbal, “Absent vicarious liability, each government official, his or her title notwithstanding, is only liable for his or her own misconduct.”

Section 1983 liability cannot rest solely on an official’s position of authority; the plaintiff must plausibly allege the official’s personal involvement in the constitutional injury.

Ocasio-Hernandez v. Fortuno-Burset · filed 2011-04-01

Although § 1983 liability cannot rest solely on a defendant's position of authority, see Ayala-Rodriguez v. Rullán, 511 F.3d 232, 236 (1st Cir. 2007), the plaintiffs' complaint does include other well-pleaded factual allegations that detail each of these three defendants' level of personal involvement in and familiarity with the plaintiffs' terminations.

Section 1983 permits a personal-capacity claim against an official who was personally involved in the alleged constitutional deprivation; allegations of knowing participation can suffice at the pleading stage.

Baumann v. District of Columbia · filed 2011-04-08

“A § 1983 action cannot be maintained against an official in his personal capacity if the official was not personally involved in the decisions affecting the plaintiffs constitutional rights.” ... Therefore, Baumann has adequately stated a claim for relief against the individual defendants in their personal capacities under § 1983.

Section 1983 does not make prison guards and administrators liable for inadequate care provided by medical personnel when the guards and administrators promptly respond to a prisoner’s requests for treatment.

Farina v. Anglin · filed 2011-04-18

If Farina means to imply that he received inadequate care during the nurses’ visits or afterward, then the fault lies with the medical personnel who cared for him, not with the prison guards and administrators he sued.

Section 1983 requires a defendant’s personal involvement, which can be adequately pleaded by alleging that the defendant ordered the challenged conduct.

Replay, Inc. v. Secretary of Treasury of Pr · filed 2011-04-19

Thus Plaintiffs properly pled Defendant’s direct participation in the alleged unconstitutional conduct.

Section 1983 requires a plaintiff to allege that an individual defendant was personally involved in the alleged violation.

SIXTH ANGEL SHEPHERD RESCUE INC. v. West · filed 2011-05-03

In a § 1983 action, a plaintiff must allege that the defendant had personal involvement in committing the alleged violation. ... Sixth Angel satisfies this requirement.

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

Darryl White v. Gibbons · filed 2011-05-03

The district court properly dismissed White’s claim concerning rocks in the prison yard because White failed to allege personal involvement by any served defendant in maintaining the allegedly dangerous policy.

Section 1983 requires a defendant’s personal involvement in the alleged violation; supervisory status alone does not establish liability.

O'Donnell v. Pennsylvania Department of Corrections · filed 2011-05-16

It is well-settled that with respect to claims under 42 U.S.C. § 1983, such as First Amendment retaliation, liability cannot be imposed on the basis of respondeat superior or mere supervisory liability, but instead must be predicated on personal involvement of the defendant.

Section 1983 requires evidence connecting each defendant to the alleged prison conditions or resulting injury.

Bugge vs Roberts · filed 2011-05-18

Bugge’s claims against these defendants, therefore, fail on the causation prong: there is no evidence connecting them to the relevant prison conditions or Bradford’s murder.

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

Pina v. Clarke · filed 2011-06-14

The district court properly dismissed the DoC defendants as to this claim because Piña failed to allege personal involvement by any DoC defendants with respect to elevation of his risk status.

Section 1983 requires an individual defendant’s personal involvement in the alleged wrong, so each claim must be assessed separately for each defendant.

Verdier v. Borough · filed 2011-06-20

Because an individual defendant must have “personal involvement in the alleged wrongs” to be liable under Section 1983, the district court must examine each cause of action as to each defendant against whom it is alleged.

Section 1983 requires allegations connecting each defendant to the alleged violation.

Ricky Newton v. Ken Clark · filed 2011-07-01

The district court properly dismissed the deliberate indifference claim arising from a delay in dental treatment because Newton did not allege ... that any of the named defendants were responsible for the delay, Farmer v. Brennan, 511 U.S. 825, 837 (1994) (person can be liable for deliberate indifference only if he “knows of and disregards an excessive risk to inmate health and safety”); Ortez v. Wash. Cnty., State of Or., 88 F.3d 804, 809 (9th Cir. 1996) (dismissal of claims proper because the plaintiff failed to allege “specific facts linking each defendant to a § 1983 violation”).

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

Grissom v. Rohling · filed 2011-07-14

As an initial matter, the district court is correct that the complaint does not allege facts suggesting the named defendant, Warden Rohling, was personally involved in the violation of Grissom’s constitutional rights.

Section 1983 does not impose liability on officials who lacked personal involvement or on judges protected by absolute judicial immunity.

Gillis v. Rick Raemisch · filed 2011-07-20

Gillis’s suit was correctly dismissed, not because his second amended complaint fails to give notice of his claim as required by Rule 8 (it is reasonably clear that he seeks damages for the denial of parole based on inaccurate information), but because his allegations, even taken as true, do not state a claim against the defendants. The warden and former director of the prison system had no involvement in creating or entering the erroneous 2006 judgment, and neither do they sit on Wisconsin’s parole committee. See Dahl v. Weber, 580 F.3d 730, 733-34 (8th Cir. 2009); Mosley v. Klincar, 947 F.2d 1338, 1341 (7th Cir. 1991). And the ... state judge, as the district court explained, is entitled to absolute judicial immunity. Mireles v. Waco, 502 U.S. 9, 9-10 (1991); Dawson v. Newman, 419 F.3d 656, 660 (7th Cir. 2005).

Section 1983 requires a defendant's personal involvement before liability can attach.

Smith v. Rohana · filed 2011-07-20

Dr. Rohana was the medical director, but like any defendant sued under § 1983, he cannot be liable absent personal involvement, and here there was none.

Section 1983 requires a defendant's direct involvement in the alleged deprivation for liability.

Amando Sanders v. York · filed 2011-07-27

Because Sanders does not also allege that Dr. Penner was directly involved, this allegation alone does not raise a fact question regarding Dr. Penner’s alleged deliberate indifference.

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

Buff v. Chuck Dwyer · filed 2011-08-09

We agree with the district court that Mr. Harper was entitled to summary judgment, because Mr. Buff failed to present evidence rebutting Mr. Harper’s evidence that he had no responsibility for returning Mr. Buff to general population. See Ripson v. Alles, 21 F.3d 805, 808-09 (8th Cir. 1994) (defendant is entitled to summary judgment in § 1983 suit where he was not personally or directly involved in alleged constitutional violation).

Section 1983 damages require an individual defendant’s personal involvement in the alleged constitutional deprivation.

Reed v. Medford Fire Department, Inc. · filed 2011-08-10

Thus, even if the Plaintiff intended to assert the Section 1983 claims against Rivera and Pinto, he has not alleged their personal involvement nor raised an issue of fact as to their personal involvement that would preclude a finding of summary judgment.

Section 1983 requires a defendant’s personal involvement in the alleged unconstitutional conduct, supported by allegations that make that involvement plausible.

Ruff v. Health Care Administrator · filed 2011-08-17

To be liable under § 1983, a defendant must have some personal involvement in the underlying unconstitutional conduct. ... Ruff did not allege McCarthy’s knowledge and acquiescence with the required particularity; a review of Ruff’s complaint reveals no allegations giving rise to a plausible inference that McCarthy was personally involved in the complained-of conduct, or that she otherwise denied Ruff his constitutional rights.

Section 1983 does not make an administrator liable for involvement in a prisoner’s medical treatment when the treating doctor was not deliberately indifferent.

Lor v. Kelley · filed 2011-08-17

But because we agree with the district court that Lor has not shown deliberate indifference on Kelley’s part, McCreedy cannot be liable for any “personal involvement” with Lor’s treatment.

Section 1983 imposes personal liability on officers for their own conduct; a private party’s conduct cannot be imputed to them.

Clements-Jeffrey v. City of Springfield, Ohio · filed 2011-08-22

Their allegedly illegal conduct cannot be imputed to Ashworth and Lopez for purposes of § 1983 liability. Rather, the Court may look only to alleged conduct of the officers.

Section 1983 requires a defendant to have personally participated in the alleged constitutional deprivation.

Williams v. A. Slack · filed 2011-08-23

We affirm the district court’s grant of summary judgment to Officer Jackson because Williams concedes, and the evidence demonstrates, that he was not on duty on the date of the incident, and, therefore, did not participate in the events giving rise to Williams’s complaint.

Section 1983 requires a defendant to be personally responsible for a deprivation of rights to be liable.

Brown v. Hertz · filed 2011-08-23

Neither defendant was personally responsible for any deprivation of Brown’s rights, and thus neither could be held liable under § 1983.

Section 1983 requires a plaintiff to prove an individual defendant’s responsibility for the constitutional violation.

Bowers v. Seymour · filed 2011-08-24

Under our system of laws for compensating violations of constitutional rights under 42 U.S.C. § 1983, however, a plaintiff like Bowers must prove an individual defendant’s responsibility for a violation.

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

Davidson v. Desai · filed 2011-08-25

Rather, personal involvement of the defendant in an alleged constitutional deprivation is a prerequisite to an award of damages under § 1983.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not establish liability.

Heath v. Hock · filed 2011-08-25

We have consistently held that “[a] defendant in a civil rights action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior.”

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

Floyd v. City of New York · filed 2011-08-31

Any form of liability under section 1983 requires the defendant’s direct involvement in causing the alleged damages.

Section 1983 requires facts showing each individual defendant’s personal involvement in the alleged constitutional violation; a conclusory allegation that all defendants participated is insufficient.

Burnett v. Jones · filed 2011-08-31

“‘Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.’” ... However, in the body of the complaint Mr. Burnett alleges no facts suggesting that the ODOC Defendants were personally involved in the deprivations alleged in counts 1-8. Accordingly, dismissal of counts 1-8 against the ODOC Defendants was appropriate.

Section 1983 requires a defendant’s personal involvement in the deprivation of a constitutional right; vicarious liability is insufficient.

Snowden v. Adams · filed 2011-09-01

“Liability under § 1983 must be premised on personal involvement in the deprivation of the constitutional right, not vicarious liability.”

Section 1983 claims against individual defendants require factual allegations connecting them to the alleged rights violation.

Medical Educational & Health Services, Inc. v. Independent Municipality of Mayaguez (In Re Medical Educational & Health · filed 2011-09-02

Therefore, this Court dismisses the Section 1983 claims against Mrs. Gonzalez and the conjugal partnership because the Complaint is void of factual allegations that could connect codefendants to the alleged due process violation.

Section 1983 does not impose individual liability on a sheriff based solely on deputies’ actions.

Lindbloom vs Steube · filed 2011-09-08

Lindbloom also failed to state a claim against Steube individually because Lindbloom based his complaint on actions of the deputies.

Section 1983 does not impose liability for mishandling an inmate grievance alone when the defendant was not involved in the underlying harm.

Montañez v. Feinerman · filed 2011-09-09

Thus, if the defendants were not involved in the underlying harm, the mishandling of an inmate grievance alone cannot be a basis for liability under § 1983.

Section 1983 requires proof that each defendant was personally involved in the violation and contributed to the plaintiff’s injury; conspiracy is not required.

Beechwood Restorative Care Center v. Leeds · filed 2011-09-12

Plaintiffs have not asserted a civil rights conspiracy claim under § 1985, and in any event the only claim left, following the remand from the Second Circuit, is a First Amendment retaliation claim under § 1983. While plaintiffs need not prove all the elements of a conspiracy, then, they will have to prove, as to each defendant, that the defendant was personally involved in the violation of plaintiffs’ rights, and that each defendant contributed to plaintiffs’ injury.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; a supervisory role alone does not establish liability.

Rivera v. Lempke · filed 2011-09-14

In addition, as to each defendant, plaintiff must allege facts showing the defendant’s personal involvement in the alleged constitutional violation. To make such a showing, it is not enough to allege that the defendant played some sort of supervisory role, since there is no respondeat superior liability in § 1983 cases.

Section 1983 requires an individual defendant to have personally caused or participated in the alleged constitutional deprivation.

Van Den Bosch v. Raemisch · filed 2011-09-15

An individual must be found to have personally caused or participated in the alleged constitutional depriva- tion in order to be held liable under § 1983.

Section 1983 claims against a defendant may be dismissed when that defendant had no personal involvement in the alleged misconduct.

Owner-Operator Independent Driver Ass'n v. Dunaski · filed 2011-09-21

All of Plaintiffs’ claims against Defendant Ken Urquhart in his personal, individual, and official capacities, consistent with the Court’s April 27, 2011 Order are DISMISSED WITH PREJUDICE, as he did not have personal involvement in the matters in Plaintiffs’ second amended complaint.

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

Prince v. County of Nassau · filed 2011-09-21

The Court finds that, with respect to Tusa and Soto, plaintiff has proffered sufficient evidence as to their personal involvement in the remaining Section 1983 claim to warrant the case against them to proceed to the jury.

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

Burch v. Jordan · filed 2011-09-22

As is relevant to this appeal, the court determined that most of Mr. Burch’s claims failed to adequately allege defendants’ personal participation in the claimed misconduct. See Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir. 2009) (“Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” (quotation omitted)). ... We have reviewed the parties’ appellate materials, the record on appeal, and the relevant legal authority, and we agree with the district court’s thorough and well-reasoned order.

Section 1983 requires a complaint to identify the conduct by each defendant that allegedly deprived the plaintiff of a federal right.

Fisher v. Dodson · filed 2011-09-26

Nevertheless in all § 1983 claims, the complaint must allege that defendants, acting under the color of state law, deprived the plaintiff of a right secured by the Federal Constitution or laws of the United States. ... In fact, the Complaint fails to identify any conduct, constitutional or otherwise, committed by any individual Defendant.

Section 1983 holds a government official liable for the official’s own misconduct, not vicariously for another person’s acts.

Kendrick Green v. Atkinson · filed 2011-09-28

In a § 1983 suit, “[a]bsent vicarious liability, each Government official . . . is only liable for his or her own misconduct.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Because Green was unable upon remand to remedy the insufficient factual allegations against Atkinson, the district court’s dismissal of the claim was proper.

Section 1983 requires a defendant’s personal involvement; administrators reviewing medical grievances may rely on medical staff’s judgment.

Blankenship v. Obaisi · filed 2011-09-28

When reviewing grievances about medical treatment, administrators are permitted to rely on the judgment of medical personnel. ... Blankenship does not allege that these defendants were personally involved in his medical care.

Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation; supervisory authority alone does not establish liability.

Vlahadamis v. Kiernan · filed 2011-09-28

Other than her supervisory role, there is no evidence in the record of her personal involvement in the SLA referrals, and merely holding a position of responsibility is insufficient to impose liability under § 1983.

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

Keitt v. New York City · filed 2011-09-29

This Court adopts the Report and Recommendation in its entirety. ... The “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”

Section 1983 requires a plaintiff to connect each defendant’s actions to the alleged deprivation of federal rights.

Drawsand v. F.F. Properties, L.L.P. · filed 2011-09-30

Where multiple defendants are involved, the pleadings must establish a nexus between each defendant’s actions and the alleged deprivation of plaintiffs constitutional rights. ... Aside from passing references to due process and equal protection, the Complaint fails to allege how Drawsand’s constitutional rights were violated and fails to identify each Defendant’s role therein.

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

Gusler v. City of Long Beach · filed 2011-10-03

A complaint based on a violation under § 1983 that does not allege the personal involvement of a defendant fails a matter of law.

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

Henry v. Storey · filed 2011-10-03

But § 1983 imposes liability for a defendant’s own actions—personal participation in the specific constitutional violation complained of is essential.

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

Keating v. Pittston City · filed 2011-10-05

As to Keating’s claim that he was illegally searched and seized, he did not aver that Tokar or Hussein was “personally involved” in those incidents, which is required to make out a viable claim under § 1983.

Section 1983 requires a defendant’s personal involvement in the alleged wrong; an official’s position alone is insufficient.

Whetstone v. Ellers · filed 2011-10-05

Finally, we agree with the District Court that Whetstone failed to state a claim against Wynder, Kneiss, Ginocchetti, and Dr. Ellers. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir.1988) (“A defendant in a civil rights action must have personal involvement in the alleged wrongs”).

Section 1983 requires a plaintiff suing officials in their individual capacities to plead facts showing their personal involvement in the alleged deprivation.

Jones v. Roy · filed 2011-10-07

Specifically, Jones did not state a claim against defendants in their individual capacities because he did not plead facts suggesting they were personally involved in the confiscation and deprivation of his property.

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

Beaman v. Unger · filed 2011-10-12

In addition, I note that plaintiffs claims against defendant Unger would have to be dismissed in any event. Plaintiffs allegations fail to show that Unger was in any way personally involved in the alleged constitutional violation.

Section 1983 requires facts linking each individual board member to the alleged unconstitutional conduct; the board's actions alone do not establish each member's involvement.

Redondo Waste Systems, Inc. v. Lopez-Freytes · filed 2011-10-18

But unless EQB requires the presence and assent of all its members to accomplish anything at all, one cannot conclude that any particular member was involved in any particular EQB decision.

Section 1983 requires evidence that each defendant was personally involved in the alleged deprivation.

Gilman v. Amos · filed 2011-10-21

First, with regard to Amos, Gilman presented no evidence to show that Amos was personally involved in his care. As the DOC Medical Director, Amos did not personally provide care to prisoners.

Section 1983 requires a defendant’s personal involvement in a constitutional violation; supervisory status alone does not establish liability.

Bizzell v. Tennis · filed 2011-10-24

Finally, Bizzell has shown no personal involvement by defendant Tennis in any aspect of a potential constitutional violation, and § 1983 liability cannot be premised solely on respondeat superior.

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

Kregler v. City of New York · filed 2011-10-26

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

Section 1983 requires factual allegations of a defendant’s personal involvement in the alleged deprivation of rights; unsupported assertions of involvement are insufficient.

Flores-Silva v. McClintock-Hernandez · filed 2011-10-27

With respect to McClintock, we find that Plaintiff has failed to state the requisite personal involvement. Plaintiff offers no supporting factual allegations as to McClintock’s role in the decision-making process.

Section 1983 requires a defendant’s personal involvement in the alleged rights violation; a grievance addressed to an official does not establish involvement when the official did not respond to it.

Williams v. Secretary Pennsylvania Department of Corrections · filed 2011-11-03

A grievance addressed to Beard does not amount to personal involvement because Beard did not respond to the grievance and the grievance was referred to Klem.

Section 1983 requires an officer’s personal involvement in the conduct underlying a claim for liability to attach.

Eason v. Alexis · filed 2011-11-10

Officer Wright was not personally involved in Eason’s pursuit or arrest, the bases for Eason’s § 1983 claim, so liability cannot attach as a matter of law.

Section 1983 requires personal involvement in the alleged deprivation of rights; an official who did not supervise or participate in another agency’s operation is not liable for it.

Backes v. VILLAGE OF PEORIA HEIGHTS, ILL. · filed 2011-11-10

In short, Chief Sutton was not personally involved in the operation in a way that would lead to liability under § 1983.

Section 1983 requires the named defendants to be responsible for the alleged deprivation.

Peretz v. Sims · filed 2011-11-15

There is no genuine issue of material fact because, even if the decision to withhold 93 days of good-time credit was arbitrary, the named state em- ployees were not responsible for the deprivation.

Section 1983 requires facts showing that an individual defendant personally violated the plaintiff’s constitutional rights.

Seeds of Peace Collective v. City of Pittsburgh · filed 2011-11-29

To recover against Radley, Three Rivers was therefore required to allege facts showing that Radley “through [his] own individual actions, has violated the Constitution.”

Section 1983 requires evidence that officials knew about and approved, condoned, or turned a blind eye to alleged misconduct; an inmate’s report of suspected misconduct alone does not establish their personal involvement.

Famous v. Pollard · filed 2011-12-01

And Famous’s reporting of his suspicions of toothpaste tampering was insufficient to establish a fact issue about whether the officers knew about and approved, condoned, or turned a blind eye to the alleged tampering.

Section 1983 requires evidence that a defendant was personally involved in the alleged retaliation.

Gidarisingh v. McCaughtry · filed 2011-12-01

As for the two defendants who did not testify, Gidarisingh never introduced any evidence of their direct involvement in the alleged retaliation, and we cannot understand how the claims against them survived summary judgment.

A § 1983 claim cannot survive summary judgment without evidence that the defendant personally participated in the alleged constitutional violation.

Kartiganer v. Newman · filed 2011-12-05

The magistrate judge issued a second report and recommendation, recommending that the motion for summary judgment be granted, on the grounds that Mr. Kartiganer failed to raise any genuine issue of material fact demonstrating that the defendants personally participated in the alleged constitutional violations, or established the essential elements of Mr. Kartiganer’s claims for malicious prosecution and conspiracy. ... We agree completely with the reasoning and conclusions contained therein. We therefore affirm the district court’s orders dismissing the claims in this case, for substantially the reasons stated by the district court.

Section 1983 requires a plaintiff to show that each government defendant personally violated the Constitution and does not allow vicarious liability.

Rodriguez v. Conway · filed 2011-12-08

In addition, there is no evidence that the other three defendants, James Conway, Lester Wright, and Killinger, had any personal involvement in the alleged constitutional violations. Thus, even if plaintiff had made out a claim against Dr. Evans or Dr. Lao, the claims against these three defendants would have to be dismissed in any event. See Wesolowski v. Harvey, 784 F.Supp.2d 231, 233-34 (W.D.N.Y.2011); see also Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1948, 173 L.Ed.2d 868 (2009) (“Because vicarious liability is inapplicable to ... § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution”).

Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; knowledge of a grievance is insufficient when the defendant could take no further action.

Concepcion v. Pickles · filed 2011-12-13

Furthermore, Concepcion failed to demonstrate Superintendent Connell’s personal involvement in the alleged constitutional violation because, while she had knowledge of the grievance, she could not have taken any further action since Dr. Pickels had already begun treatment for Concepcion’s HIV infection.

Section 1983 requires personal involvement in the alleged constitutional violation for individual liability.

Titus v. Illinois Department of Transportation · filed 2011-12-14

“For a defendant to be liable under § 1983, he or she must have participated directly in the constitutional violation. ‘Section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unless the individual defendant caused or participated in a constitutional deprivation.’ ” ... At this stage of the proceedings, the Court finds that Plaintiff has sufficiently alleged the personal involvement of O’Keefe and Fulgenzi in his August 2009 suspension in that they authored and/or signed his suspension orders. With respect to Means, however, Plaintiff has not alleged any facts to suggest that she was personally involved in the August 2009 suspension. Accordingly, the Court dismisses Plaintiffs Section 1983 discrimination claim against Means.

Section 1983 requires a government official to cause the deprivation of a constitutional right, including through direction, consent, or setting events in motion with the requisite knowledge.

Zurita v. Hyde · filed 2011-12-22

To be liable under § 1983, a government official must have caused the deprivation of a constitutional right. He may do so if the deprivation occurs at his direction or with his consent or if he “sets in motion a series of events that [he] knew or reasonably should have known would cause others to deprive plaintiff of constitutional rights.”

Section 1983 permits liability against an individual school board member for failing to act only when the law imposes a legal obligation to act.

Williams v. Port Huron Area School Dist · filed 2012-01-09

This court has recognized that, under § 1983, an individual school board member can only be held liable for failing to act if the law “empowers him with some legal obligation to act.” Doe v. Claiborne Cnty., Tenn., 103 F.3d 495, 512 (6th Cir.1996). No such obligation existed in this case because, under Michigan law, the duties of a school board are imposed on the entire board and not on the individual members. See Mich. Comp. Laws § 380.11a. As in Claiborne, “the reality [is] that these board members were unable to act, in a legal sense, except as constituent members of a board majority.” Claiborne, 103 F.3d at 512. Since the plaintiffs have failed to articulate any duty imposed on the school board members, as individuals, to address the student-on-student racial harassment at Port Huron Northern, Plaintiffs’ § 1983 claim against the individual school board members must be dismissed.

Section 1983 liability requires personal participation by the defendant.

Cherer v. Frazier · filed 2012-01-10

“Liability under section 1983 arises only upon a showing of personal participation by the defendant.”

A § 1983 complaint must attribute specific wrongful conduct to an individual defendant; conclusory allegations of wrongdoing are insufficient.

Reginald Bell, Sr. v. City of Fife · filed 2012-01-10

The district court properly dismissed Bell’s action because Bell alleged only conclusory allegations of wrongdoing in his amended complaint and failed to attribute specific wrongful conduct to any individual defendant.

Section 1983 requires a defendant’s personal involvement in the alleged wrong, shown through personal direction or actual knowledge and acquiescence.

Mack v. Curran · filed 2012-01-11

A defendant in a civil rights action must have personal involvement in the alleged wrongs, which may be shown through allegations of personal direction or of actual knowledge and acquiescence.

Section 1983 requires a prison official to be personally involved in the alleged denial of medical care to be a proper defendant.

Alexander v. Weiner · filed 2012-01-18

A prison official is a proper defendant in an Eighth Amendment suit if that official was “personally involved” in the decision to deny treatment for Plaintiffs serious medical need.

Section 1983 requires personal involvement in a constitutional deprivation; allegations that officials directed or knowingly consented to a termination can satisfy that requirement at the pleading stage.

Hagan v. Quinn · filed 2012-01-19

“Liability under § 1983 must be premised on personal involvement in the deprivation of the constitutional right, not vicarious liability.” ... For purposes of the Motion to Dismiss, this Court finds that Plaintiffs have alleged a plausible claim of personal involvement of the individual Commission members in Plaintiffs’ termination. Specifically, a reasonable inference can be drawn that Plaintiffs’ termination occurred at the Commissioners’ direction or with their knowledge or consent.

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

Crandall v. David · filed 2012-01-30

Following our de novo review of the record, we agree with the District Court that there was no genuine issue of material fact with respect to whether David was personally involved in the November 24, 2004 seizure.

Section 1983 requires a plaintiff to link each defendant to the alleged violation of federal rights.

Sánchez-Arroyo v. Department of Education · filed 2012-02-01

Moreover, a plaintiff must link each particular defendant to the alleged violation of federal rights. ... Upon reading her complaint, the Court finds that several of the defendants named by Sánchez have indeed not been linked with any constitutional violation.

Section 1983 requires a defendant sued over a termination to have been personally involved in the decision.

Dixon v. University of Toledo · filed 2012-02-06

Defendants raise two additional defenses: qualified immunity for both Defendants for claims against them in their individual capacity and Logie’s lack of involvement in Plaintiffs termination. ... Without regard to whether there is a sufficient disagreement on Logie’s ability to fire Plaintiff at that time, Plaintiff has presented no evidence that Logie had any input in Jacobs’ decision to terminate her.

Section 1983 liability requires personal involvement in the alleged violation; it cannot rest solely on a supervisory role.

Addlespurger v. Corbett · filed 2012-02-09

Liability under section 1983 cannot be imposed absent personal involvement in the alleged actions, see Rizzo v. Goode, 423 U.S. 362, 375-77 (1976); Chincello v. Fenton, 805 F.2d 126, 133-34 (3d Cir. 1986).

Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional harm; supervisory status alone does not establish liability.

Machon v. Pennsylvania Department of Public Welfare · filed 2012-02-23

As previously explained, § 1983 claims “cannot be predicated solely on the operation of respondeat superior.” ... To prevail against Kent, Machon’s complaint had to allege that Kent was personally involved in the harm to his reputation.

Section 1983 requires a defendant’s personal involvement in the challenged conduct; a claim against an official fails when the official neither directed nor participated in it.

Blalock v. Eaker · filed 2012-02-28

Defendant Daugherty has presented a Declaration showing that he neither directed nor participated in the decision to disregard Plaintiff's subpoenas; this is an additional reason why the claim as to Daugherty must be dismissed.

Section 1983 requires evidence that the defendant officer was personally involved in the alleged violation; presence at the scene alone is insufficient.

Smith v. Ray · filed 2012-02-28

Simply being present at the scene is insufficient.

Section 1983 requires evidence connecting each defendant to the alleged use of excessive force.

Jesse Grant, III v. Chea · filed 2012-02-29

The district court properly granted summary judgment on Grant’s excessive force claims because Grant failed to raise a genuine dispute of material fact as to whether either Varela or Chea was driving the vehicle that allegedly struck Grant’s motorcycle.

Section 1983 requires a causal connection between the state actor’s conduct and the constitutional violation; personal involvement can establish that connection.

Martinez v. Nurse Wallace · filed 2012-03-01

In addition, to state a claim for deliberate indifference under § 1983, there must be a causal connection between the constitutional violation and the state actor’s conduct.

Section 1983 requires a defendant’s personal involvement in a constitutional violation; receiving a prisoner’s grievance alone does not establish that involvement.

Bell v. Luna · filed 2012-03-01

Because personal involvement in a constitutional violation is a prerequisite to a § 1983 claim, see Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994), Mr. Bell has not alleged a plausible claim against Deputy Warden Chapdelaine.

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

Carr v. Beth · filed 2012-03-07

Given that Carr has not alleged that any of the other six defendants named in his second complaint were personally involved in the use of force against him, the magistrate judge properly dismissed the complaint as against them.

A § 1983 claim against a named defendant requires allegations connecting that defendant to the failure to treat or delay in treatment.

Jarrod Majors v. Baldwin · filed 2012-03-08

...conclude that Majors failed to state a section 1983 claim as to the named defendants, because he did not allege that any of them actually knew of the failure to treat his pain, and he did not identify anyone responsible for the delay in his treatment.

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

Munson v. Gaetz · filed 2012-03-09

Munson also does not allege that the defendants were involved in the alleged misprescription incident. See Minix, 597 F.3d at 833-34 (noting that § 1983 liability “requires ‘personal involvement in the alleged constitutional deprivation’ ” (quoting Palmer v. Marion Cnty., 327 F.3d 588, 594 (7th Cir. 2003))).

Section 1983 requires a complaint seeking personal liability to allege the defendant’s personal involvement in the claimed violation.

Kersh v. Richardson · filed 2012-03-09

Even if Richardson were not immune from suit, Kersh’s complaint fails to allege with specificity Richardson’s personal involvement in the asserted misconduct. Kersh’s complaint does not allege that Richardson played any direct role in confiscating Kersh’s property, or that he was even present when the alleged confiscation occurred. Absent such an allegation, the complaint against Richardson fails to state a claim on which relief may be granted.

Section 1983 requires a defendant’s personal involvement in the alleged rights violation; supervisory position and receipt of an inmate’s letter alone are insufficient.

Vogelfang v. Capra · filed 2012-03-13

Vogelfang has pled no facts, beyond Fischer’s and Williams’s presumed receipt of a letter and their respective positions atop the Department of Corrections, implicating them in any violation described in her complaint. Vogelfang has therefore failed to plausibly plead Fischer’s or Williams’s personal involvement in any infringement of her constitutional rights.

Section 1983 requires a damages plaintiff to allege that the defendant was personally responsible for the deprivation of constitutional rights.

Miller v. Morgan · filed 2012-03-14

To have a claim for damages under § 1983, Miller must allege that Morgan, the only named defendant, was “personally responsible” for the alleged deprivation of his constitutional rights.

Section 1983 requires a plaintiff to allege the defendant’s personal involvement in the claimed violation; supervisory status alone does not establish liability.

Jenkins v. Cortez · filed 2012-03-15

The district court properly dismissed the retaliation claims because the complaint failed to allege facts sufficient to show that Cortez was involved in any actions that were motivated by retaliation.

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

Willie Bailey, III v. Wedell · filed 2012-03-15

The district court properly granted summary judgment because Bailey failed to raise a genuine dispute of material fact as to whether defendants Penner, Turella, or Howard were involved in or had any control over ordering, scheduling, or performing the relevant surgeries.

Section 1983 requires an official’s direct participation in wrongful acts for personal liability.

Bey v. Department of Corrections · filed 2012-03-16

“An individual may be personally liable under Section 1983 only if it is shown that he or she directly participated in the wrongful acts.” ... Therefore, Munn Bey has failed to make sufficient allegations of personal liability.

Section 1983 requires a plaintiff to allege the defendant’s personal involvement in the claimed deprivation of a federal right.

Stern v. Epps · filed 2012-03-19

Stern failed to state a claim for relief because he did not allege that Epps was personally involved in the money being improperly deducted from his prisoner account.

A § 1983 claim against an individual must allege facts showing her personal involvement in the alleged rights violation; an allegation that she fabricated a pretext for retaliatory termination sufficed at the dismissal stage.

Trant v. Oklahoma · filed 2012-03-19

Defendant Balzer also seeks dismissal of this claim for failure to allege facts specific to her, which is essential when alleging a § 1983 claim. Under the Amended Complaint, however, Plaintiff alleges that Defendant Balzer fabricated a claim of insubordination as a pretext for his termination in retaliation for his statements regarding the FBI and the grand jury investigation.

Section 1983 permits liability for deficient medical treatment when a defendant knows of it and facilitates, approves, condones, or turns a blind eye to it.

Smego v. Payne · filed 2012-03-21

To be liable under § 1983, they needed to have known of the deficient medical treatment and either facilitated, approved, condoned, or blinded themselves to it.

Section 1983 requires each individual defendant’s own involvement in the alleged wrong; liability cannot rest on vicarious liability or respondeat superior.

Bryan v. Erie County Office of Children & Youth · filed 2012-03-22

In addition, each Defendant’s potential liability must be predicated on the basis of his or her own personal knowledge and actions relative to J.O.’s case, because liability under § 1983 cannot be premised on theories of vicarious liability or respondeat superior.

Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation; supervisory status alone is insufficient.

Dale Williams, Sr. v. Cal Ludeman · filed 2012-03-23

After careful de novo review, we agree with the district court that the claims must be dismissed because Williams failed to present evidence that Ludeman acted in other than a supervisory capacity or that Arneson had any control over Williams’s son.

Section 1983 requires allegations showing how each individual defendant was involved in the alleged constitutional violation; naming a defendant and stating their job is insufficient.

Williams v. California · filed 2012-03-23

Plaintiffs have made no allegations whatsoever as to how these Defendants were involved in any alleged constitutional violation. Such allegations are insufficient to state a claim against these Defendants under § 1983.

A § 1983 false arrest claim must plausibly allege that the defendant’s own actions caused the constitutional violation.

Henry v. Jones · filed 2012-03-27

We accept these factual allegations as true, as did the district court, but conclude Henry has failed to state a plausible claim that he was falsely arrested by Jones. See Iqbal, 129 S. Ct. at 1948 (“[A] plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”).

Section 1983 does not impose liability on an official solely because of the official’s position within an agency.

De La Mata v. Puerto Rico Highway & Transportation Authority · filed 2012-03-30

A particular defendant’s position within an agency, standing alone, is insufficient to hold him or her liable under section 1983.

Section 1983 requires a defendant’s personal involvement for damages, but officials responsible for enforcement may face claims for declaratory or injunctive relief without such an allegation.

New York Youth Club v. Town of Smithtown · filed 2012-03-31

Although, plaintiffs’ failure to allege the personal involvement of these individuals in the Complaint precludes them from collecting damages from these individuals, defendants Vecchio and Valentine are both appropriate defendants for plaintiffs’ claims for declaratory and injunctive relief.

Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages; supervisory authority alone is insufficient.

LaMagna v. Brown · filed 2012-04-04

A defendant’s supervisory authority is insufficient in itself to demonstrate liability under § 1983.

Section 1983 does not support a claim against an officer who arrived only after the alleged deprivation had ended.

Chavis v. City of New York · filed 2012-04-05

The section 1983 claim asserted against defendant Fisher should have been dismissed for the additional reason that the undisputed evidence shows that he did not arrive on the scene until after Chavis had died.

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

Defina v. Hooksett, et al. · filed 2012-04-10

Although Defina contends that Agrafiotis’s conduct contributed to his termination, he does not allege facts that suggest that Agrafiotis had the authority to terminate his employment, influenced the Commission’s decision to terminate his employment, or was in any way involved in the denial of his right to a hearing.

Section 1983 requires allegations of personal involvement to support an individual-capacity claim against a defendant.

Nocro, Ltd. v. Russell · filed 2012-04-10

The Planning Board members had no role in adopting the challenged zoning ordinance. Furthermore, the petition/complaint failed to allege the personal involvement of any individual Planning Board member (see Shelton v New York State Liq. Auth., 61 AD3d 1145, 1148-1149 [2009]).

Section 1983 requires personal responsibility for a constitutional deprivation; knowing and withholding exculpatory evidence can satisfy that requirement.

Logan v. City of Chicago · filed 2012-04-12

Evidence of such knowledge satisfies the requirement of personal responsibility because knowing and withholding exculpatory information from plaintiff would be a constitutional deprivation.