42 U.S.C. § 1983
Civil action for deprivation of rights: the cases that interpreted this section
164,512 citing cases reviewed of 283,166 in the citation index: 71,725 interpreted the section (annotated below), 92,787 cited it only in passing. Cases filed after 2021-01-26 may not have been reviewed yet.
Have a situation under 42 U.S.C. § 1983?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Personal involvement of defendant
Section 1983 permits liability for an official who knows of a due process violation and fails to remedy it when deciding an administrative appeal.
Molano v. Bezio · filed 2012-04-13
Because the undisputed facts demonstrate that Bezio was fully aware of the deficiencies in the underlying hearing at the time he denied plaintiffs appeal and later denied reconsideration, I accordingly find that plaintiff has established Bezio’s personal involvement in, and liability for, the underlying violation, as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires a claimant to show that a defendant was personally involved in the deprivation or that the defendant’s wrongful actions caused it.
Jones v. LOWNDES COUNTY, MISS. · filed 2012-04-18
A Section 1983 claimant must “establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; liability cannot rest solely on respondeat superior.
Huertas v. Sobina · filed 2012-04-20
“‘A[n individual government] defendant in a civil ... rights action must have personal involvement in the alleged wrongdoing; liability cannot be predicated solely on the operation of respondeat superior. Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence.’”Read the full opinion on CourtListener →
Section 1983 requires a defendant sued in an individual capacity to be personally involved in the alleged constitutional violation.
Irvin v. Baca · filed 2012-04-25
The district court properly dismissed the Irvin’s excessive force claim against Baca in his individual capacity because Irvin failed to allege facts sufficient to show that Baca was personally involved in the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional wrong; comments made after the challenged decision do not establish it.
Sykes v. Carroll · filed 2012-04-30
First, with regard to defendant Johnson, Sykes failed to allege that she was personally involved in any decision or action that could be viewed as unconstitutional; rather, he suggested merely that she commented on and discussed the situation after his transfer to the SHU, insisting that he was not being punished.Read the full opinion on CourtListener →
Section 1983 requires personal responsibility for the alleged constitutional deprivation; an individual cannot be liable without causing or participating in it.
Kuhn v. Goodlow · filed 2012-05-02
Because Goodlow had no personal responsibility for Kuhn’s disorderly conduct arrest, he cannot be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the alleged wrongdoing.
Surine v. Edgcomb · filed 2012-05-02
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).Read the full opinion on CourtListener →
Section 1983 requires personal involvement; awareness of alleged misconduct alone does not make an official liable when the official lacks authority to remedy it.
Conklin v. County of Suffolk · filed 2012-05-03
In sum, even if Garcia was aware of Conklin’s complaints of harassment, he cannot be held liable under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires personal involvement to hold an official liable; being mayor alone is insufficient.
Marrero-Rodriguez v. Municipality of San Juan · filed 2012-05-07
It takes more than this, though, to assert a § 1983 claim against those who have no personal involvement of any sort in the events, such as the Mayor, and more to assert a claim against the Municipality. The Mayor is not amenable to suit, as pled in the complaint, merely because he is Mayor.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.
Green v. McLaughlin · filed 2012-05-08
As “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,” Koeignsmann’s lack of involvement in these actions is fatal to Green’s argument.Read the full opinion on CourtListener →
Section 1983 imposes liability only on individuals who participated in conduct that deprived a plaintiff of rights.
Foley v. Town of Lee · filed 2012-05-09
“It is well-settled that only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable” under § 1983. ... Pardy and Murch are therefore entitled to summary judgment on the plaintiffs’ procedural due process claim.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant to an alleged violation.
Harris v. Kim · filed 2012-05-22
Dismissal of defendants Doe and Klarich was proper because Harris’s operative complaint failed to allege facts linking either defendant to a § 1983 violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that a named defendant was responsible for the alleged deprivation of constitutional rights.
Robinson v. Whisman · filed 2012-05-25
The basis of Mr. Robinson’s claims pursuant to 42 U.S.C. §§ 1983 and 1985(3) is the miscalculation of his sentence. Mr. Robinson is unable to show that Ms. Whisman or any other defendant he named is responsible for the miscalculation or that any defendant acted in such a way as to deny him his constitutional rights, as he must to succeed on his claims.Read the full opinion on CourtListener →
Section 1983 permits individual liability only for a defendant’s own unconstitutional conduct.
Heyerman v. County of Calhoun · filed 2012-05-29
Persons sued in their individual capacities under § 1983 can be held liable based only on their own unconstitutional behavior.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify each defendant’s individual involvement in the alleged violation.
Williams v. Jones · filed 2012-05-29
On appeal Mr. Williams argues that the claims dismissed with prejudice should have survived because the defendants knew of and disregarded the substantial risk of serious harm to his health; but he still fails to point to specifics of their individual involvement.Read the full opinion on CourtListener →
Section 1983 requires a state official in an employment suit to do more than a de minimis act leading to the plaintiff’s termination before the official can be held liable.
Ericka Savage v. City of Pontiac · filed 2012-05-30
To be held liable in a § 1983 suit in the employment context, a state official must commit more than a de minimis act leading to the plaintiff’s termination.Read the full opinion on CourtListener →
Section 1983 requires an officer’s own actions to support liability for excessive force, including asking another officer to use it or failing to stop that officer.
Landis v. Galarneau · filed 2012-06-07
Thus, Landis was required to show that Galarneau himself violated the Constitution by asking another officer to use excessive force or by failing to stop him from doing so.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a jail administrator who was not directly involved in the challenged medical treatment.
LaBorde v. Lowe · filed 2012-06-22
Because George Flowers was not directly involved in LaBorde’s medical treatment, LaBorde has not shown that the magistrate judge erred in dismissing his claim against Flowers.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting an individual-capacity defendant to the alleged misconduct; conclusory claims of supervision do not suffice.
James v. District of Columbia · filed 2012-06-26
Because nothing in the complaint suggests that Sergeant Crouch was involved in the acts underlying the plaintiff’s claims, the court concludes that the plaintiff has not stated a plausible claim for relief.Read the full opinion on CourtListener →
A defendant sued in an individual capacity under § 1983 must have been personally involved in the alleged constitutional violation.
Decker v. New York State Department of Correctional Services · filed 2012-06-28
Insofar as defendant Commissioner Goord is sued in his individual capacity, the lack of any evidence demonstrating his personal involvement in the events at issue further supports judgment in his favor. See Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (requiring personal involvement by defendant in constitutional violation to support § 1983 action).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement and discriminatory purpose for individual liability on an equal protection claim.
Reynolds v. Barrett Gould v. Chamberlin · filed 2012-07-11
Thus, liability for an Equal Protection Clause violation under § 1983 requires personal involvement by a defendant, who must act with discriminatory purpose.Read the full opinion on CourtListener →
Section 1983 liability requires plausible allegations of a defendant's personal involvement; a position of authority alone is insufficient.
Rodriguez-Ramos v. Hernandez-Gregorat · filed 2012-07-12
Liability under Section 1983 "cannot rest solely on a defendant's position of authority," Ocasio-Hernández, 640 F.3d at 16, yet that is all that the plaintiff offers as to the roles of defendants Hernández, Morales, and Fuentes in his reinstatement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of the plaintiff’s civil rights.
Martinez v. Williams · filed 2012-07-23
The district court properly granted summary judgment as to Williams and Nooth because Martinez failed to raise a genuine dispute of material fact as to whether either was “personally involved in the deprivation of his civil rights.”Read the full opinion on CourtListener →
Section 1983 permits liability against prison officials who know an inmate is being denied medical care and fail to act.
Flournoy v. Ghosh · filed 2012-07-24
Where a plaintiff informs prison officials that he is being denied access to health care, those officials may be liable under 42 U.S.C. § 1983 for their inaction.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged constitutional deprivation; signing an order on another official’s behalf does not establish it.
Riverhead Park Corp. v. Cardinale · filed 2012-07-26
Only direct actions may sustain a § 1983 claim, and the Plaintiffs’ only remaining allegation of direct action by the Defendant Thomas is the Plaintiffs’ allegation that Thomas violated their procedural and substantive due process rights when she allegedly issued an unauthorized Stop Work Order (“SWO”) on October 4, 2004. ... In sum, the Plaintiffs do not allege any direct conduct that would satisfy the Second Circuit standard for personal involvement.Read the full opinion on CourtListener →
Section 1983 requires particularized allegations that a defendant personally participated in the alleged wrongs or knew of and acquiesced in them.
Thomas v. Vuksta · filed 2012-07-27
A defendant in a Section 1983 action must be personally involved in the alleged wrongs. Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). The complaint must set forth particularized allegations of participation or actual knowledge and acquiescence.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between the defendant and the alleged constitutional violation; the court dismissed a claim that did not link the mayor to the police’s alleged restriction of liberty.
Lareños En Defensa Del Patrimonio Historico, Inc. v. Municipality of Lares · filed 2012-08-06
Because section 1983 claims require an affirmative link between the defendant and the alleged constitutional violations, the mayor’s absence from the alleged mass killing of dogs and cats in the Maldonado case was sufficient to grant him qualified immunity. ... Based on both a failure to pass the plausibility threshold required by Rule 12(b)(6) and a failure to link defendant Pagan affirmatively to the restriction of plaintiffs’ liberty, defendant Pagan’s motion to dismiss plaintiffs Fourteenth Amendment substantive due process claim is GRANTED.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant sued in an individual capacity to the alleged constitutional violation.
Helm v. Christianson · filed 2012-08-16
The district court properly dismissed Helm’s claims against defendants in their individual capacities because Helm failed to set forth facts linking defendants to the constitutional violations at issue.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; a warden’s participation in the grievance process alone does not establish liability for a prisoner’s medical care.
Gevas v. Mitchell · filed 2012-08-20
Gevas alleges no personal involvement by the warden outside of the grievance process, and for that reason his third amended complaint, just like the previous iterations, fails to state a claim against the warden. That claim was properly dismissed.Read the full opinion on CourtListener →
Section 1983 requires facts showing that the defendant was personally responsible for the challenged conduct.
Parker v. Fisk · filed 2012-08-22
Moreover, Parker alleged no specific fact that would show Fisk was personally responsible for discontinuing such medication or that she refused to reorder it.Read the full opinion on CourtListener →
Section 1983 claims against individual defendants require their personal involvement in the alleged violations.
O'Diah v. Artus · filed 2012-08-24
His claims against defendants Cuomo, Fischer and Wright are also subject to dismissal for lack of personal involvement on the part of those defendants.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation, which may be shown through personal direction or actual knowledge and acquiescence.
Washington v. Showalter · filed 2012-08-27
Liability under § 1983 requires the plaintiff to plead the defendant’s personal involvement in the alleged constitutional violation, which “can be shown through allegations of personal direction or of actual knowledge and acquiescence.” Argueta v. U.S. Immigration & Customs Enforcement, 643 F.3d 60, 72 (3d Cir. 2011) (quotation marks omitted).Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in a constitutional deprivation; respondeat superior liability does not apply.
Tyson v. Oregon Department of Corrections · filed 2012-09-14
The district court properly granted summary judgment for defendant Williams because Tyson failed to raise a genuine dispute of material fact as to whether Williams personally participated in any constitutional deprivation. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (no respondeat superior liability under § 1983; plaintiff must show personal involvement in violations).Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to show each defendant’s personal involvement, participation, or direct responsibility for the challenged unsafe conditions.
Solivan v. Dart · filed 2012-09-14
Section 1983 creates a cause of action for damages based on personal liability; thus a plaintiff must show a defendant’s personal involvement or participation, or direct responsibility for the unsafe conditions of which he complains.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded.
Russo v. DiMilia · filed 2012-09-18
It is well settled that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... Accordingly, summary judgment is granted as to DiMilia alone, and he is dismissed from the case.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant directed, participated in, or knew of the alleged constitutional violations.
Tyson v. Woodford · filed 2012-09-20
The district court properly granted summary judgment for Woodford on Tyson’s claims concerning his placement in administrative segregation and secured housing, his denial of good time credits, his access to mail and the courts, the restriction of outdoor exercise, and the refusal to recognize his legal name because Tyson failed to raise a genuine dispute of material fact as to whether Woodford directed, participated in, or had knowledge of the alleged constitutional violations. See Taylor, 880 F.2d at 1045 (“Liability under section 1983 arises only upon a showing of personal participation by the defendant.”).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; an administrative role alone does not establish liability.
Mincy v. DeParlos · filed 2012-09-21
To the extent Mincy claims that the prison administrators failed to properly address his complaints regarding the size or temperature of meals, we conclude that their administrative role does not establish personal involvement in the alleged underlying wrongdoing, absent evidence that they engaged in retaliation.Read the full opinion on CourtListener →
Section 1983 claims against supervisory defendants require allegations of their specific conduct; naming them as defendants alone is insufficient.
Aruanno v. Allen · filed 2012-09-21
However, nowhere does Aruanno allege any specific examples of any conduct--unconstitutional or otherwise--by Defendants Lagana, Hayman, and Main. Aside from naming them individually as defendants, Aruanno does not further mention them in his filings.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; defendants who did not control the conduct causing a medication delay are not liable for it.
Wright v. Swingle · filed 2012-09-24
The district court properly granted summary judgment on Wright’s medication delay claim because Wright failed to raise a genuine dispute of material fact as to whether defendants were involved in or had any control over ordering and stocking prescription medication and thus were responsible for its delay.Read the full opinion on CourtListener →
Section 1983 permits recovery against a government official whose personal involvement or causally connected actions caused the alleged constitutional violation.
Truett v. St. Tammany Parish Fire District 12 · filed 2012-09-24
To recover against a government official under § 1983, a plaintiff must show that the official was either personally involved in the alleged constitutional violátion, or that the official’s actions were causally connected to the alleged violation. ... Therefore, the evidence is sufficient at this stage for Truett to survive the summary judgment standard on the issue of Krentel’s liability.Read the full opinion on CourtListener →
Section 1983 requires a defendant to participate in or direct a violation, or know of it and fail to act to prevent it.
Harris v. Thom · filed 2012-09-25
The district court properly dismissed Harris’s Eighth Amendment claim against Rice because Harris failed to allege that Rice “participated in or directed the violations, or knew of the violations and failed to act to prevent them.”Read the full opinion on CourtListener →
Section 1983 liability for a constitutional deprivation requires the defendant’s personal involvement.
Lopez v. Correctional Medical Services, Inc. · filed 2012-09-26
These defendants can only be held liable under § 1983 for a deprivation of a constitutional right if they had some “personal involvement” in it.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the alleged deprivation of rights.
Harris v. Vargo · filed 2012-09-26
The district court properly granted summary judgment to Hardy Myers, the former Oregon Attorney General, because Harris failed to raise a genuine dispute of material fact as to whether Myers was personally involved in any alleged deprivation of Harris’s rights. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (“Liability under § 1983 must be based on the personal involvement of the defendant.”).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to prove that a defendant was personally involved in causing the plaintiff’s injuries.
Cooper v. Brunswick County Sheriff's Department · filed 2012-09-27
Additionally, a section 1983 plaintiff must prove the personal involvement of a defendant in causing the plaintiffs injuries.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the deprivation of a plaintiff’s rights; merely communicating a decision or denying a grievance does not establish liability.
Rowe v. Lemon · filed 2012-10-09
As a matter of law, none of this conduct is sufficient to support a basis of liability under Section 1983 as none of those three persons were alleged to have personally engaged in any deprivation of Rowe’s rights.Read the full opinion on CourtListener →
Section 1983 liability extends only to claims involving a deprivation in which the defendant was personally involved.
Maloney v. County of Nassau · filed 2012-10-12
Because Seiden’s alleged personal involvement extends only to negotiating Maloney’s surrender from outside his residence, Seiden’s potential § 1983 liability correspondingly extends only to Maloney’s Payton-based claim and not to his search claim.Read the full opinion on CourtListener →
Section 1983 liability for excessive force requires an officer’s integral participation in the challenged conduct.
Ernst v. City of Eugene · filed 2012-10-16
Officer Kidd could not have been an “integral participant” of the search warrant execution if he neither planned nor participated in it.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in an alleged constitutional violation.
Humphrey v. Yates · filed 2012-10-17
The district court properly granted summary judgment for defendant Yates because Humphrey failed to establish a genuine dispute of material fact as to whether Yates personally participated in any alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 liability requires an official’s personal participation in the constitutional deprivation.
Braninburg v. Monterey County · filed 2012-10-24
The district court properly granted summary judgment to defendants Kanalakis and Barrera because Braninburg failed to establish a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the alleged violation.
Spencer v. Sharp · filed 2012-11-20
The district court properly granted summary judgment on Spencer’s deliberate indifference claims because Spencer failed to raise a genuine dispute of material fact as to whether defendants knew of and disregarded an excessive risk to his vision and eye health, or whether defendants had any involvement in the alleged violations.Read the full opinion on CourtListener →
Section 1983 permits a claim against a healthcare administrator when the inmate alleges that he complained to her directly about denied treatment and her position supports an inference of responsibility for the delay.
Myrick v. Anglin · filed 2012-11-21
Although in his complaint Myrick does not discuss extensively Miller’s personal role in his treatment, he does allege that he complained to her directly about the medical staff’s failure to fill his ... prescription for a hernia belt, as well as the absence of treatment for his herpes. Moreover, at this stage Miller’s position justifies the inference that she bore some responsibility for the delay in Myrick’s treatment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show a defendant’s personal participation in a constitutional violation.
Gilbert v. Finn · filed 2012-11-21
The district court properly granted summary judgment to the remaining defendants because Gilbert failed to raise a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to be personally involved in the alleged wrongdoing; liability cannot rest on supervisory status alone.
Turner v. Attorney General of Pennsylvan · filed 2012-12-03
Liability under § 1983 cannot be premised on the theory of respondeat superior; instead, each individual defendant “„must have personal involvement in the alleged wrongdoing.‟” Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005) (quoting Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988)); see also Polk Cnty. v. Dodson, 454 U.S. 312, 325 (1981).Read the full opinion on CourtListener →
Section 1983 requires specific allegations that an official personally acted to deprive the plaintiff of a federal right; a bare allegation of general enforcement is insufficient.
S.A. Restaurants, Inc. v. Deloney · filed 2012-12-04
But the bare allegation that the defendant has enforced the state statute as a general proposition, without any specific allegation of actions that this defendant has taken with respect to this plaintiff, is insufficient to establish a plausible claim of entitlement to relief.Read the full opinion on CourtListener →
A § 1983 plaintiff must identify what each individual defendant did; an officer’s mere presence at the scene does not establish liability.
Bark v. Chacon · filed 2012-12-05
Hence, we conclude that, although his complaint was permitted to proceed past the dismissal stage, he ultimately did not meet his burden of specifying what each of these six defendants did. Moreover, we are unpersuaded by his argument that those six defendants may be held liable by virtue of their mere presence at the scene and their failure to stop any of the alleged constitutional violations committed by their fellow officers.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.
Martinsky v. City of Bridgeport · filed 2012-12-06
Here, the record is clear that Paris never directly detained Martinsky and lacked the authority to steer the investigation to such an end. ... Hence, even assuming arguendo that material issues of fact exist as to whether Paris had probable cause, Martinsky’s claim fails.Read the full opinion on CourtListener →
Section 1983 requires facts connecting a defendant’s acts or omissions to the alleged deprivation of rights.
Ellenburg v. Kirkegard · filed 2012-12-19
With respect to the summary judgment issue, the Warden supported his motion with his affidavit, in which he detailed an absence of any affirmative connection between the deprivations of civil rights alleged in Ellenburg’s complaint and any act or omissions on the part of the Warden. The District Court correctly determined that Ellenburg had failed to meet his burden, in responding to the motion for summary judgment, of coming forward with affidavits or other testimony containing material facts that raised genuine issues of fact as to one or more elements of his case.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in a constitutional violation for liability.
Manse Sullivan v. Ryan · filed 2013-01-02
The district court properly granted summary judgment to defendants Wong and Flores because Sullivan failed to raise a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal participation in the claimed constitutional deprivation.
Goldyn Cooper v. Dion · filed 2013-01-02
The district court properly dismissed Cooper’s claims against Olivas and Rogel because Cooper failed to allege their personal participation in the claimed deprivations of his Eighth Amendment rights.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the alleged violation.
Elbert Vaught, IV v. Miranda · filed 2013-01-03
Moreover, Vaught failed to raise a genuine dispute of material fact as to whether defendants were involved in or had any control over the filling and distribution of prescription medication in the prison and thus were responsible for his failure to receive his prescribed pain medicine.Read the full opinion on CourtListener →
Section 1983 generally requires a defendant’s personal involvement in the alleged wrongdoing; reviewing or failing to investigate an inmate’s grievance does not establish that involvement.
Mincy v. Chmielsewski · filed 2013-01-04
Furthermore, the District Court is correct that an officer‟s review of, or failure to investigate, an inmate‟s grievances generally does not satisfy the requisite personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation.
A'Gard v. Perez · filed 2013-01-26
A plaintiff must plead the personal involvement of each defendant in a violation of § 1983.Read the full opinion on CourtListener →
Section 1983 requires a retaliation plaintiff to show each defendant’s personal involvement in the alleged constitutional deprivation; allegations connecting defendants to a retaliatory transfer can suffice at the pleading stage.
Smith v. Levine · filed 2013-01-31
To prevail in a First Amendment retaliation claim under 42 U.S.C. § 1983, “a plaintiff must show by a preponderance of the evidence that the defendant was personally involved—that is, he directly participated—in the alleged constitutional deprivations.” ... We find that these allegations are sufficient to “suggest” Kelly and Levine’s direct involvement in the alleged retaliation.Read the full opinion on CourtListener →
Section 1983 damages claims against government officials must allege facts showing what each defendant did to violate the asserted constitutional right.
The Scrap Yard, LLC v. City of Cleveland · filed 2013-01-31
In this case, there are no details of what either did beyond general allegations that both acted in their roles as the Mayor of Cleveland and the Chief Building Official, respectively. There is nothing more. The district court properly dismissed Jackson and Cooper from this suit.Read the full opinion on CourtListener →
An officer who participates in an unlawful home entry may be liable under § 1983 even if he does not personally conduct the subsequent search.
Feliciano v. City of Miami Beach · filed 2013-02-05
Nor have we forgotten Nash’s argument that he is entitled to summary judgment because he did not personally participate in the search once inside the apartment. Part of Feliciano’s claim, however, is that the officers, including Nash, “forcibly entered and invaded [her] home” in violation of her Fourth Amendment rights. The evidence, viewed in the light most favorable to Feliciano, shows that Nash, as well as the other officers, did that.Read the full opinion on CourtListener →
A § 1983 claim against federal defendants fails when the plaintiff identifies no individual within the agencies who allegedly deprived him of his constitutional rights.
Gaines v. Pearson · filed 2013-02-12
As for Plaintiff’s § 1983 claim against the federal defendants, Plaintiff failed to identify any individual within the federal agencies who allegedly deprived him of his constitutional rights, and thus his claim fails.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal involvement in the alleged violation.
Trimble v. Montiel · filed 2013-02-15
The district court properly granted summary judgment to defendant Montiel because Trimble failed to raise a genuine dispute of material fact as to whether Montiel had any involvement in Trimble’s alleged underfeeding.Read the full opinion on CourtListener →
Section 1983 requires an affirmative link between a defendant’s individual actions and the plaintiff’s alleged injury for an individual-capacity claim.
Jeff Welch v. Ryan · filed 2013-02-19
To the extent that Welch has sued Horne in his individual capacity, the district court properly determined that Welch failed to allege an affirmative link between individual actions by Horne and any alleged injury to Welch.Read the full opinion on CourtListener →
Section 1983 requires facts linking each defendant to the alleged constitutional violation.
Torlucci v. Norum · filed 2013-02-19
Moreover, the district court properly dismissed Torlucci’s claims against defendants Evelsizor, Hendrick, Rushen, and Sid because Torlucci failed to set forth facts linking defendants to the constitutional violations at issue.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to have personal involvement in the alleged wrongdoing, shown through personal direction or knowledge and acquiescence.
Franks v. Temple University · filed 2013-02-20
To establish liability under § 1983, each individual defendant “must have personal involvement in the alleged wrongdoing,” which can be shown “through allegations of personal direction of or actual knowledge and acquiescence.”Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged violation; awareness of a prisoner’s treatment and receipt of or response to letters are insufficient by themselves.
Barnes v. Ross · filed 2013-02-21
The Court concludes that Barnes’ allegations that Fischer was aware of Barnes’ treatment and that Fischer received and responded in some manner to letters written on Barnes’ behalf are insufficient to plausibly allege that Fischer, Commissioner of DOCCS, had any personal involvement in Barnes’ medical treatment at Sullivan that would be sufficient to state an equal protection claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that an individual defendant was personally involved in the constitutional deprivation.
Miley v. Housing Authority · filed 2013-02-25
Consequently to state a claim under § 1983, a plaintiff must allege personal involvement of a defendant.Read the full opinion on CourtListener →
Section 1983 permits a claim against an official who actively invites and participates in a due process violation.
Osuagwu v. Gila Regional Medical Center · filed 2013-02-25
Therefore, the record contains undisputed facts proving that Mr. White actively invited and participated in the violation of due process, and Plaintiff is entitled to summary judgment on the § 1983 claim against him.Read the full opinion on CourtListener →
Section 1983 requires a plausible allegation of personal involvement in the constitutional violation; a position of authority or signing dismissal letters alone is insufficient.
Rodriguez-Salgado v. Somoza-Colombani · filed 2013-03-01
Liability under Section 1983 “cannot-rest solely on a defendant’s position of authority.” ... Rubber-stamping Plaintiffs’ dismissal letters, without more, fails to push the complaint from the realm of possibility to that of plausibility.Read the full opinion on CourtListener →
Section 1983 does not impose personal liability on a prison official who merely denies a grievance without further involvement in the alleged constitutional violation.
Weldon v. Ramstad-Hvass · filed 2013-03-05
Thus, even if Weldon could allege facts showing deliberate indifference to his serious medical needs by the Virginia prison officials, an allegation that Lampert and Gaylor denied his grievance, without more, is insufficient to state a claim for relief against them under § 1983.Read the full opinion on CourtListener →
Section 1983 does not make prison officials liable for a dentist’s treatment decisions when they merely respond to an inmate’s grievances and consult the dentist.
Gaede v. Podrebarac · filed 2013-03-08
As to the remaining defendants,2 they merely responded to Gaede’s grievances, and in doing so, they consulted with Dr. Podrebarac. Cf. Meloy v. Bachmeier, 302 F.3d 845, 849 (8th Cir. 2002) (prison’s medical treatment director who lacked medical expertise could not be liable for medical staff’s diagnostic decisions).Read the full opinion on CourtListener →
Section 1983 requires personal participation in the challenged conduct; evidence that a supervisor helped draft a warrant can create a triable issue of liability.
Olvera v. County of Sacramento · filed 2013-03-19
Her participation in the staffing and Lopez’s testimony is sufficient to create a triable issue of fact with respect to whether she was an integral participant in drafting the PCW so as to hold her liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a police officer’s personal involvement for money damages; failure to intervene can establish liability when the officer had a realistic opportunity to prevent the harm.
Koller v. Hilderbrand · filed 2013-03-19
It is well established that the personal involvement of a defendant-police officer is an essential prerequisite to money damages under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the constitutional deprivation for individual liability.
Prison Legal News v. Babeu · filed 2013-03-20
For § 1983 liability to attach, each Defendant must be personally involved in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts showing the defendant’s involvement in the alleged constitutional deprivation.
Heitzmann v. Ryan · filed 2013-03-21
The district court properly dismissed the action because Heitzmann failed to allege facts in his amended complaint showing that defendant Ryan had any involvement in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires plausible allegations of a defendant’s personal involvement; silence alone does not establish involvement without facts showing participation, approval, or awareness.
Conley v. Anglin · filed 2013-03-25
Mr. Conley does not allege that Ms. Miller participated in his discussion with the nurse, or approved her actions, or even that Ms. Miller was in close enough proximity to hear what he was asking. Her silence is not enough from which to infer personal involvement.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement; respondeat superior alone is insufficient.
Monroe v. Phelps · filed 2013-04-08
Phelps was dismissed because the claims against him were solely based on the theory of respondeat superior and liability in a § 1983 action must be predicated on personal involvement, not on the basis of respondeat superior. ... We agree with these District Court’s rulings.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect an alleged constitutional violation to a particular defendant to recover.
Kirk Alford, Sr. v. Vernier · filed 2013-04-12
As to Alford Senior’s claim that his rights were violated by the warrantless entry into his home and the ensuing search of the residence and seizure of his personal property, we agree with the district judge, first, that there were exigent circumstances to excuse the initial entry without a warrant and, second, that although the scope of the search was arguably excessive, the plaintiffs’ failure to tie the illegality to any particular defendant prevented recovery.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation; denying a grievance alone does not establish that involvement.
Blaurock v. Kansas Department of Corrections · filed 2013-04-17
And his allegations cannot support a claim against any defendant because they fail to assert the requisite “personal involvement in the alleged constitutional violation.” Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir. 2009) (internal quotation marks omitted); see id. (holding 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”).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect the defendant to the alleged deprivation of rights.
Munn v. Sheriff Danny Martin · filed 2013-04-22
Third, Munn did not explain how Sheriff Danny Martin was involved in any alleged denial of medication or medical care, see Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (while construed liberally, pro se complaint must allege sufficient facts supporting claims advanced; court will not construct legal theory using facts not pleaded), and the evidence showed that Munn received his medications while he was at the detention facility.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to link each defendant to an act or omission that violated the plaintiff’s constitutional rights.
Blacher v. Johnson · filed 2013-04-23
Dismissal of the action against defendant Davis was proper because Blacher failed to link Davis to any alleged violations.Read the full opinion on CourtListener →
A § 1983 retaliation claim must sufficiently allege each defendant’s participation in the alleged retaliation.
Childs v. Miller · filed 2013-04-23
The court concluded that Mr. Childs had failed to sufficiently allege each defendant’s participation in the alleged retaliation, but the court granted Mr. Childs thirty days in which to amend his complaint to correct the deficiencies in his purported federal claim, if he could. ... We find no error and affirm for substantially the reasons stated by the district court in its August 29, 2011, and February 17, 2012, orders dismissing the complaint.Read the full opinion on CourtListener →
Section 1983 permits a claim against an officer who caused an arrest even if another officer made the arrest.
Esparza v. Bowman · filed 2013-04-25
Although Chief Bowman did not actually arrest her, there is no question he caused her arrest.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged deprivation; holding a position of authority alone is insufficient.
KM Enterprises, Inc. v. McDonald · filed 2013-04-30
Moreover, even if it were pled against McDonald in her individual capacity, the amended complaint does not allege any actions that McDonald personally took, or failed to take, and thus fails to state a claim against her.Read the full opinion on CourtListener →
Section 1983 requires a retaliation plaintiff to identify which defendant intended the retaliation and caused the challenged action to survive summary judgment.
Jackson v. Epps · filed 2013-05-01
Jackson cannot overcome summary judgment on his retaliation claim because he does not identify which of “the MDOC defendants” had the intent to retaliate against him or who among them caused the transfer.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing an official in an individual capacity to allege that the official was personally involved in the deprivation of constitutional rights.
Doyle v. City of Chicago · filed 2013-05-01
To state a claim under § 1983 against a defendant in their individual capacity, plaintiffs must allege that the defendant was involved personally in the deprivation of their constitutional rights. ... Together, these allegations are sufficient to allege that Hillard and Thompson were involved personally in the deprivation of Plaintiffs’ constitutional rights.Read the full opinion on CourtListener →
Section 1983 liability requires sufficient personal involvement in the challenged conduct.
Armato v. Grounds · filed 2013-05-01
Defendants Grounds and Dixon were not sufficiently involved to be liable under Section 1983.Read the full opinion on CourtListener →
Section 1983 does not make arresting officers liable for detention after their responsibility for the person’s custody ends.
Robinson v. Bandy · filed 2013-05-03
Even assuming that after the results of the sexual assault kit were released probable cause no longer existed, that occurred almost four months after Robinson’s arrest, well after the officers’ responsibility for his custody ended.Read the full opinion on CourtListener →
Section 1983 requires a plausible allegation that each individual defendant was personally involved in the constitutional violation.
Wilson v. Montano · filed 2013-05-03
The complaint therefore alleges sufficient personal involvement on Montano’s part to state a plausible claim for relief under § 1983, and the district court correctly denied appellants’ motion to dismiss as to Montano.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify the officer who used force when the incident was too brief for other officers to intervene.
Cherry v. Washington County, Wisconsin · filed 2013-05-10
Yet Cherry avers only that he was “knocked over forward” and pressed face down when he defied an order, and this immediate reaction by one defendant to control him did not last long enough for the others to intervene. So it was critical for Cherry to identify the defendant who pushed him since only that one defendant could be liable for the use of excessive force.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally caused the alleged constitutional harm through an affirmative act, participation in another’s act, causing others to act, or failure to perform a legally required act.
Farmer v. Youhas · filed 2013-05-13
Moreover, Farmer failed to demonstrate that there was a genuine dispute of material fact regarding whether the alleged constitutional harm resulted because Youhas affirmatively acted, participated in another’s affirmative acts, caused others to act, or omitted to perform an act which she was legally required to do.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the alleged violation.
Zellmer v. Constantine · filed 2013-05-22
The district court properly dismissed defendant Constantine because Zellmer failed to show that Constantine had any personal involvement in the alleged violations.Read the full opinion on CourtListener →
Section 1983 requires evidence that an officer personally participated in the alleged deprivation; missing property alone does not establish an individual officer’s liability.
Neal v. County of Shasta CA3 · filed 2013-05-22
Nevertheless, to hold the officers here individually liable for plaintiff’s missing property, there must be some evidence from which a jury could draw a reasonable inference that the officer was personally responsible for taking the property. No such evidence was presented, and the trial court correctly determined that the jury could not draw a permissible inference of individual liability from the mere fact that the jewelry was present before the search and missing after the search.Read the full opinion on CourtListener →
A Section 1983 plaintiff can plead an individual defendant’s personal involvement by alleging that the defendant created a policy or custom under which unconstitutional practices occurred.
Jones v. Bay Shore Union Free School District · filed 2013-05-28
Further, a plaintiff may satisfy his burden of alleging personal involvement by alleging that the individual defendant created a policy or custom under which unconstitutional practices occurred.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement; a supervisor’s failure to respond to an inmate’s complaint letters alone does not establish it.
Thompson v. Pallito · filed 2013-05-29
In this way, imposing liability upon a supervisory official for failing to respond to an inmate’s letter or grievance would contravene the black-letter principle that § 1983 does not allow for respondeat superior liability. Thompson’s allegation that Pallito and Hale failed to respond to his letters describing his plight is therefore insufficient to establish the requisite personal involvement on the part of these Defendants.Read the full opinion on CourtListener →
Section 1983 permits claims against individual officials when their alleged acts and participation in a conspiracy sufficiently connect them to the deprivation of federal rights.
Brockton Power LLC v. City of Brockton · filed 2013-05-30
The specific actions the plaintiffs have identified and attributed to each individual defendant, considered alongside the defendants’ alleged agreement and participation in the conspiracy, are the sort of “minimal facts as to who did what to whom, when, where, and why” that are sufficient to state § 1983 claims against each defendant.Read the full opinion on CourtListener →
Section 1983 holds public employees liable for their own conduct, not for another employee’s conduct.
Burns v. Fenoglio · filed 2013-06-03
However, the district court properly dismissed the claims against the remaining defendants. Section 1983 makes public employees liable “for their own misdeeds but not for anyone else’s.”Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant personally caused the alleged constitutional violation and acted with the state of mind required for that violation.
Pahls v. Thomas · filed 2013-06-04
Liability under § 1983 and Bivens requires personal involvement. Iqbal, 556 U.S. at 676. Plaintiffs must establish that each defendant caused plaintiffs to be subjected to viewpoint discrimination and acted with a viewpoint-discriminatory purpose.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of civil rights for individual liability.
Matthews v. Norristown State Hospital · filed 2013-06-10
Second, to the extent that Matthews sues the Defendants in their individual capacities under § 1983, his complaint fails to state a claim because he has not alleged any personal involvement by the Defendants in violation of his civil rights.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting a warden to the claimed harm through knowledge of the challenged practice or personal participation.
Lee v. Holman · filed 2013-06-10
We reject Lee’s assertion that the magistrate judge erred in dismissing the complaint against Warden Holman prior to allowing Lee to conduct discovery because Lee failed to allege that Warden Holman was aware of the alleged unsafe barbering practices or that the warden personally participated in his medical care.Read the full opinion on CourtListener →
Section 1983 damages claims require allegations of specific conduct by a defendant that caused the claimed deprivation.
Roberts v. Lombardi · filed 2013-06-11
Upon careful review of the lengthy record, we conclude that the district court correctly determined that Mr. Roberts’s complaint failed to state a claim for damages under section 1983, because he did not describe specific conduct by any defendant that denied him necessary treatment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold a defendant individually liable to show the defendant's personal involvement in the alleged constitutional deprivation.
Grullon v. City of New Haven · filed 2013-06-19
It is well settled that, in order to establish a defendant's individual liability in a suit brought under § 1983, a plaintiff must show, inter alia, the defendant's personal involvement in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations that an individual defendant was personally involved in the alleged constitutional violation.
Collins v. Saratoga County Support Collection Unit · filed 2013-06-20
Moreover, the claim against attorney Kupferman—who assisted in the restoration of Charles Collins’s driving privileges, only to find himself sued for civil rights violations—was properly dismissed in the absence of allegations showing Kupferman’s personal involvement in any alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally caused the alleged deprivation of constitutional rights.
Grigsby v. Horel · filed 2013-06-20
The district court properly granted summary judgment on Grigsby’s First Amendment claims because Grigsby failed to raise a genuine dispute of material fact as to whether defendants personally caused the alleged deprivation of his constitutional rights based on the isolated incidents of a piece of mail not being delivered and a priority mail package being delayed fifteen days.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting a named defendant to the alleged violation; a claim cannot survive summary judgment without a genuine factual dispute about that defendant’s involvement.
Miles v. Pearson · filed 2013-06-26
Summary judgment was proper because Miles failed to raise a genuine dispute of material fact as to whether either of the named defendants ordered the release of medical records outside the scope of Miles’s authorization.Read the full opinion on CourtListener →
Section 1983 requires evidence that a named defendant was personally involved in the challenged act.
Smith v. Tobon · filed 2013-07-08
In any event, Smith offers no evidence that any of the ... named defendants placed the locks on his shop.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to be personally involved in the alleged wrongdoing.
Positano v. Secretary PA Dept of Corr · filed 2013-07-08
Regarding the claims against the remaining Commonwealth Defendants, to establish liability under § 1983, each individual defendant “„must have personal involvement in the alleged wrongdoing.‟” Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005) (quoting Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988)).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged retaliation.
Boone v. Nose · filed 2013-07-11
Although the District Court’s reasoning is likely still supportable, we will instead affirm on the basis that Boone failed to show how the cognizable-under-section 1983 defendants (both those named in the caption and those discussed in the text of his complaints) were personally involved in any retaliation against him.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged deprivation.
Gary Banks v. Meck · filed 2013-07-23
The District Court earlier dismissed this claim against Defendant Sherbine after Banks conceded that he could not maintain an Eighth Amendment claim against her due to her lack of personal involvement in his care. Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). The District Court did not err in so doing.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the deprivation of federal rights.
Fears v. Secretary PA Dept of Corr · filed 2013-07-25
In order for liability to attach under § 1983, a plaintiff must show that a defendant was personally involved in the deprivation of his federal rights.Read the full opinion on CourtListener →
An officer who played no part in an arrest is entitled to qualified immunity from a Section 1983 claim challenging that arrest.
Johnson v. Bay Area Rapid Transit District · filed 2013-07-30
There is no evidence in the record that Mehserle played any part in Anicete’s arrest; consequently, we hold that he is entitled to qualified immunity from a claim that he unlawfully arrested Anicete.Read the full opinion on CourtListener →
Section 1983 does not impose liability on officials merely for denying an institutional grievance when that decision did not cause or contribute to a constitutional violation.
McGee v. Adams · filed 2013-08-01
Finally, McGee’s claims against defendants Phillips and Thomas, the individuals who ruled against McGee on the institutional grievances he filed with respect to these incidents, also fail as a matter of law. George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007) (“Ruling against a prisoner on ... an administrative complaint does not cause or contribute to the [constitutional] violation.”).Read the full opinion on CourtListener →
Section 1983 permits liability for a person who causes a constitutional deprivation even without directly participating in it.
Angelo Dahlia v. Rodriguez · filed 2013-08-21
We note that " 'personal participation is not the only predicate for section 1983 liability. Anyone who "causes” any citizen to be subjected lo a constitutional deprivation is also liable.’ " Gilbrook v. City of Westminster, 177 F.3d 839, 854 (9th Cir.1999) (quoting Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir.1978)).Read the full opinion on CourtListener →
Section 1983 permits claims against supervisors based on their own alleged acts and omissions.
Green v. Theodis Beck · filed 2013-08-27
As an initial matter, we find that the district court erred in analyzing the issue as one strictly of supervisory liability. Green clearly alleged personal actions and inactions on the part of these Appellees, as well as their subordinates.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have participated in or encouraged the constitutional violation; a shorter period of involvement does not preclude liability.
Isbell v. Bellino · filed 2013-08-27
Thus, in order for a defendant to be subject to Section 1983 liability, the plaintiff must establish that he or she participated in or encouraged the constitutional violation at issue.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation for individual liability, though direct participation is unnecessary.
King v. City of Indianapolis · filed 2013-08-29
Claims under § 1983 require personal involvement in the alleged deprivation, though direct participation is not necessary. ... Second, Officers Miller and Alford were not sufficiently personally involved to be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the challenged conduct.
Petersen v. Kaemingk · filed 2013-09-04
There is no evidence that the prison-official and nurse defendants were personally involved in the treatment decisions at issue, or that some defendants even knew of Petersen’s medical problems.Read the full opinion on CourtListener →
Section 1983 requires allegations of conduct by each defendant that states a claim against that defendant.
Iheme v. Warden Michelle Smith · filed 2013-09-11
Likewise, Iheme did not describe any conduct by defendant Warden Michelle Smith that stated a section 1983 claim against her.Read the full opinion on CourtListener →
Section 1983 requires a causal link between the state actor defendant and the alleged discrimination.
Perry v. Alabama Alcoholic Beverage Control Board · filed 2013-09-23
Because Taylor has not presented any evidence of a link between Turner and his suspension in response to the Board’s showing that Turner was not involved with the decision in any way, Taylor’s § 1983 claim against Turner for the discriminatory suspension fails.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for individual liability.
Zdebski v. Schmucker · filed 2013-09-24
In order to hold the individuals liable in their individual capacities under § 1983, Plaintiff must show that they were personally involved in the alleged constitutional deprivations.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by each individual defendant; evidence that a defendant helped initiate an investigation can create a factual dispute about direct participation in an alleged violation.
Burns v. Department of Public Safety · filed 2013-09-27
However, there is evidence that each of the individual defendants participated in the decision to institute the IA investigation, so the ramifications of that investigation are not independent from their conduct. Thus, for each of the defendants, there remains a genuine issue of material fact as to whether they directly participated in the violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; officers who did not participate in a frisk are not liable for it.
Berbick v. Precinct 42 · filed 2013-09-27
As discussed previously, “personal involvement [by a] defendant ]” is a necessary element of a § 1983 claim against that defendant. ... Accordingly, because Defendants Gonzalez and Hall did not participate in the frisk, they are entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 liability for a dismissal requires evidence that the defendant was responsible for the dismissal decision.
Vigil v. Regents of the University of Michigan · filed 2013-09-30
Plaintiff also has not presented evidence suggesting that Drs. Herzog, Whitman, or Kirkland were responsible and therefore liable for the dismissal decision (as he is barred by the applicable statutes of limitations from premising their liability on their involvement in the dissertation process).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege sufficient facts linking each defendant to the claimed constitutional violation.
Padilla v. Brooks · filed 2013-10-04
The district court properly dismissed Padilla’s claims based on his placement in administrative segregation and his claims against defendants Chambliss, Gibbons, Peltzer, Skolnik, and Doe defendants 1-2 because Padilla failed to allege sufficient facts linking defendants to the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in the alleged constitutional wrong; evidence that an officer helped restrain a person while another officer used excessive force can allow the claim to proceed.
Wilson v. Dewees · filed 2013-10-09
If we are to accept Plaintiffs testimony, which we must for purposes of this Motion, we are satisfied that a jury may find Officer Broekway’s involvement in the arrest of Plaintiff unlawful. We will deny summary judgment on the excessive force claims.Read the full opinion on CourtListener →
Individual-capacity liability under Section 1983 requires personal involvement in a constitutional deprivation.
Jones v. New York State Metro D.D.S.O. · filed 2013-10-17
Moreover, because Jones failed to show that the Individual Defendants were personally involved in a constitutional deprivation, his claims against them in their individual capacity must also fail.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the deprivation of a constitutional right; supervisory status alone does not establish liability.
Gregory Gould, Jr. v. Wetzel · filed 2013-10-21
However, liability under § 1983 requires a “personal involvement” in the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in an alleged unconstitutional search or seizure.
Johnson v. Town of Weare, N H , et al. · filed 2013-10-23
Finally, Johnson’s claim that Officer Jones unconstitutionally searched and seized his truck must also fail. First, and perhaps most fundamentally, there is no evidence that Officer Jones made the decision to seize Johnson’s truck, nor is there any evidence suggesting that Officer Jones participated in the inventory search of that vehicle.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in a constitutional violation or a causal connection between the defendant’s conduct and the violation.
Goodrick v. Blades · filed 2013-10-23
The district court properly dismissed Goodrick’s retaliation claims against the remaining defendants because Goodrick failed to allege their personal involvement in any constitutional violation or a causal connection between their conduct and any such violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional deprivation for damages.
Santos v. Zabbara · filed 2013-10-28
Plaintiffs have not adduced, nor does the record reflect, any evidence demonstrating that Defendants personally participated in securing entry to search Santos’s residence, which constitutes the basis for Plaintiffs’ claim involving the execution of the search warrant. ... This claim, insofar as it is also asserted against Officer Strecker, who was present for but exercised no control over the initial entry, is dismissed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead that each government official, through the official's own individual actions, violated the Constitution.
Harris v. Fulwood · filed 2013-10-30
“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking individual liability to show the defendant’s personal involvement in the alleged constitutional deprivation.
Bell v. Jendell · filed 2013-10-31
Indeed, “[i]t is well settled that, in order to establish defendant’s individual liability in a suit brought under § 1983, a plaintiff must show ... the defendant’s personal involvement in the alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 requires evidence connecting the defendants to the alleged deprivation; conclusory assertions of their involvement do not suffice.
Devbrow v. Gallegos · filed 2013-11-01
But Devbrow offers nothing to show his legal materials were actually destroyed by anyone, let alone by these defendants, except his own conclusory assertions in his verified complaint.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to recover from an individual defendant to show that the defendant directly participated in, encouraged, authorized, approved, or knowingly acquiesced in the alleged constitutional misconduct.
Bach v. Drerup · filed 2013-11-13
To recover against an individual actor for constitutional violations under § 1983, a plaintiff must demonstrate that the actor directly participated in the alleged misconduct, at least by encouraging, implicitly authorizing, approving or knowingly acquiescing in the misconduct, if not carrying it out himself.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement; it cannot rest solely on respondeat superior.
Grohs v. Yatauro · filed 2013-11-20
The liability of a defendant in a Section 1983 civil rights action cannot be predicated solely on respondeat superior, there must be personal involvement.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to be personally involved in the alleged deprivation of constitutional rights.
Norwood v. Ruhle · filed 2013-11-21
Substantially for the reasons stated in the district court’s opinion, we agree that Norwood failed to show that Defendants Ruhle and Jaquith were personally involved in what he asserts was a deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional violation.
Meadors v. Ulster County · filed 2013-11-21
In this case, the Court finds that Plaintiffs have failed to demonstrate that Defendant Bockelmann, Defendant Ebel or Defendant Acevedo were personally involved in the alleged constitutional violations, whether those violations are based on a hostile work environment claim or a claim of disparate treatment or pregnancy discrimination. Therefore, the Court grants Defendants’ motion for summary judgment with respect to Plaintiffs’ § 1983 claims against Defendants Bockelmann, Ebel and Acevedo in their individual capacities.Read the full opinion on CourtListener →
A grievance official may rely on prison doctors’ findings when responding to an inmate’s medical grievance and need not be included in an injunction concerning that care.
Foster v. Ghosh · filed 2013-11-26
The Court begins its analysis by noting that the preliminary injunction does not apply to Johnson because, as a grievance official, she was entitled to rely upon the findings of Dr. Patterson and Dr. Ghosh.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a named defendant was responsible for the claimed deprivation of rights.
Morgan v. Bartruff · filed 2013-11-29
We also agree that Morgan did not allege that any named defendant was responsible for his lack of access to his minor children.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts linking each defendant to the claimed constitutional violation.
Dunsmore v. Cash · filed 2013-12-11
The district court properly dismissed Dunsmore’s constitutional claims because Dunsmore failed to allege sufficient facts linking defendants to any alleged violations, despite the court giving Dunsmore notice of this deficiency and leave to amend.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; responsibility for library policy alone does not state a claim when the policy is not alleged to be deficient.
Simmons v. Correction Officer Adamy · filed 2013-12-17
Plaintiff makes no allegations of personal involvement by Annucci, except to allege that he was responsible for developing “policy for all [Department of Correctional Services] libraries.” (Dkt. #58 at ¶ 4). Plaintiff makes no claim that the library policies allegedly established by Annucci are unconstitutional or otherwise deficient. As such, his claims against Annucci are dismissed in their entirety, with prejudice, for failure to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Garcia v. Witkowski · filed 2013-12-19
I also note that plaintiff has failed to present evidence that defendants were personally involved in the alleged violations of his rights. At most, plaintiff has shown only that defendants were not paying close attention to what was happening in the yard at the time of this incident. He has not submitted any evidence to show that defendants were personally involved in the attack itself, or in any practices or policies that were proximately related to the attack.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; letters complaining to a supervisor about medical care alone do not establish liability.
Batts v. Giorla · filed 2013-12-27
While he claims that he sent letters to Giorla complaining about his medical care, that is not sufficient to establish liability under § 1983.Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant was personally involved in the constitutional violation.
Beaman v. Souk · filed 2014-01-03
Generally, for a defendant to be liable under § 1983, the plaintiff must prove personal involvement in the constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead the defendant’s personal involvement in the alleged constitutional violation, through personal direction or actual knowledge and acquiescence.
Laughlin v. Peck · filed 2014-01-14
First, regarding Laughlin’s claims against Smith, liability under § 1983 requires the plaintiff to plead the defendant’s personal involvement in the alleged constitutional violation, which “can be shown through allegations of personal direction or of actual knowledge and acquiescence.”Read the full opinion on CourtListener →
Notes 60001–60150 of 71,725, oldest cases first.
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