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

42 U.S.C. § 1983

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

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No reviewed case has held this section invalid, preempted, superseded or repealed.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

164,512 citing cases reviewed of 283,166 in the citation index: 71,725 interpreted the section (annotated below), 92,787 cited it only in passing. Cases filed after 2021-01-26 may not have been reviewed yet.

Have a situation under 42 U.S.C. § 1983?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Personal involvement of defendant

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

Hart v. Mannina · filed 2014-01-15

Moore is correct that in order for § 1983 liability to attach, she has to be found personally responsible for Hart’s constitutional deprivations.
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Section 1983 requires each defendant’s liability to be assessed based on his own actions.

Booher v. Montavon · filed 2014-01-24

As the district court recognized, the liability of each defendant must be assessed on the basis of his own actions.
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Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for a retaliation claim against that defendant.

Bond v. Horne · filed 2014-01-27

We note that Bond’s retaliation claim does not directly implicate the personal involvement of six of the seven other defendants, and therefore was properly dismissed insofar as it named them as defendants.
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Section 1983 requires personal involvement in the alleged retaliation; an officer’s presence during a cell search alone does not establish liability.

Turner v. Mull · filed 2014-02-05

The Court finds that Plaintiffs claim for retaliation under § 1983 fails. Plaintiff has not demonstrated that Thebeau directed and oversaw the destruction of his property.. There is no evidence that The-beau was acting as a supervisor or was in any way in charge of the search. At most, Plaintiff has provided evidence that The-beau was present, but not personally involved in such a search.
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Section 1983 requires a defendant’s personal participation in an alleged denial of access to the courts.

Burnett v. Leatherwood · filed 2014-02-19

Specifically, as to claim one, although “[t]he right of access to the courts is . . . one of the fundamental rights protected by the Constitution,” Smith v. Maschner, 899 F.2d 940, 947 (10th Cir. 1990) (internal quotation marks omitted), personal participation in the denial of access is essential, id. at 950-51. As the magistrate judge noted, Burnett asserted only that a former mailroom employee, who was not named as a defendant, had any involvement in delaying his amended complaint. Consequently, summary judgment was appropriate on this claim.
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Section 1983 permits a damages claim against an officer whose alleged participation in a constitutional deprivation could make him personally liable.

Morris v. Huebsch · filed 2014-02-28

It appears from the pleadings that Essington had a hand in the police action that caused plaintiff to stop drumming, and therefore that he may be liable for a potential First Amendment violation, if not for the subsequent alleged Fourth Amendment violations.
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Each individual defendant must be personally involved in the alleged wrongdoing to be liable under § 1983.

Watson v. Fisher · filed 2014-03-07

As we noted in our decision addressing Watson’s earlier appeal, to be liable 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)).
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Section 1983 liability requires personal involvement in the alleged deprivation.

Thompson v. Conant · filed 2014-03-27

The psychologist, counselor, and graduate student are not physicians, and Thompson presented no evidence suggesting that any of the three was involved in the decision to deny him benzodiazepines. Accordingly, the district court properly rejected Thompson’s claim that these defendants were deliberately indifferent to his anxiety by refusing him benzodiazepines. See Munson v. Gaetz, 673 F.3d 630, 637 (7th Cir. 2012) (noting that liability under 42 U.S.C. § 1983 depends on personal involvement); Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010) (same).
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Section 1983 requires a plaintiff to plead each defendant’s personal involvement in the alleged constitutional violation; general supervisory authority alone is insufficient.

Jackson v. Nixon · filed 2014-03-28

In sum, Jackson has pled facts sufficient to show the personal involvement required for Crawford and Salsbury to bear § 1983 liability. As to Burgess, at this stage of the litigation, he has not.
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Section 1983 requires a defendant’s personal involvement in the alleged violation for individual liability.

St. Juste v. Metro Plus Health Plan · filed 2014-03-28

However, Plaintiff did not argue and the record does not establish that Stocker had any personal involvement in any of the alleged violations. Accordingly, Stocker is improperly named as a defendant as to Plaintiffs § 1983 claims and all § 1983 claims against him are dismissed.
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Section 1983 requires a defendant’s personal involvement in unconstitutional conduct; a supervisor’s mere failure to act does not establish liability.

Meeks v. Schofield · filed 2014-03-31

Liability under § 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act.
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Section 1983 permits individual liability for an officer’s participation in an alleged constitutional violation even if the officer did not participate in a later decision to continue the challenged conduct.

Rebolledo v. Eden · filed 2014-03-31

That the evidence may not establish their involvement in the decision to continue to hold them two days later does not mean that they did not violate Rebolle-do’s constitutional rights on December 5th.
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Section 1983 requires a plaintiff to allege the defendant’s personal involvement in the constitutional deprivation; a supervisor’s position alone does not establish liability.

Brunson v. Duffy · filed 2014-03-31

But these allegations do not describe how Warden Duffy was responsible — either personally or in a supervisory capacity — for Plaintiffs allegedly unlawful confinement or for his parole hold not being lifted.
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Section 1983 does not make a named defendant sued in an individual capacity liable for another person’s actions.

Williams v. Taylor · filed 2014-04-08

Because, as the district court has done, we interpret this action as a suit against each defendant in his individual capacity, Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 (1989), we cannot hold any named defendant accountable for the case manager’s actions or use those actions to infer any information about the named defendants’ motives.
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Section 1983 requires a plaintiff to show specific conduct by the officer that caused the alleged constitutional violation.

Alexander v. Roland Smith · filed 2014-04-09

To prevail on a § 1983 claim, the plaintiff must show specific conduct by the officer that gives rise to the constitutional violation.
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Section 1983 requires a plaintiff to show that each defendant personally participated in the alleged violation; an officer whose involvement ended before an unlawful detention continued is not liable for that detention.

Allen v. Thompson · filed 2014-04-09

There have been no allegations that Thompson’s role in the detention extended beyond the permissible scope of the stop. Therefore, Brewer has failed to show that Thompson personally violated his rights during the prolonged stop. As such, the Court finds that Thompson is entitled to qualified immunity on Brewer’s illegal detention claim.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability.

Elcock v. Davidson · filed 2014-04-10

Elcock also admitted at her deposition that she never spoke to Boland about her illness, and, since he was not personally involved in her medical care, Boland could not be held liable under § 1983.
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Section 1983 requires an individual defendant to have caused the alleged constitutional deprivation.

Grandberry v. Lewis · filed 2014-04-14

The district court properly granted summary judgment on Grandberry’s equal protection claim as to defendants Lewis and Meza because they were not responsible for the prison lockdown to which Grandberry was subjected.
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Individual liability under § 1983 requires personal involvement in the deprivation of the plaintiff’s rights.

Hearn v. Lancaster County · filed 2014-04-15

“In order for an individual to be liable under § 1983, it must be affirmatively shown that the official charged acted personally in the deprivation of the plaintiff’s rights.” ... On these facts, we cannot conclude that Whitaker had any “personal knowledge” or “involvement” in the alleged deprivation of Hearn’s constitutional rights.
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Section 1983 requires allegations connecting the defendant to the claimed constitutional violation.

Lunde v. Schultz · filed 2014-04-17

Plaintiff has made no allegation that Secretary Schultz engaged in any conduct akin to subjecting Plaintiff to a religious test. Indeed, the only allegation Plaintiff makes against Secretary Schultz is that he failed to personally inspect the nomination papers of each prospective candidate and conclude that Plaintiff had not been provided support due to his stance on abortion.
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Section 1983 requires each defendant’s personal involvement in causing a constitutional deprivation.

Monts v. Millard · filed 2014-04-18

Finally, as to individual liability, both chaplains admit to personal involvement in denying Monts’s requests for a Kosher diet. That is enough under § 1983.
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Section 1983 requires a violation traceable to each defendant’s own actions; officials cannot be held liable solely for the conduct of others.

Brown v. University of Kansas · filed 2014-04-18

In this case, at Plaintiffs deposition, he testified that the Board of Regents’ members had no knowledge of him or his claims until he served them with this lawsuit. In addition, he admitted that the Kansas Board of Regents took no overt action against him. ... Thus, Plaintiffs claims against the members of the Board of Regents must be dismissed.
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Section 1983 requires a plaintiff suing an individual defendant to allege that the defendant was personally involved in the conduct that deprived the plaintiff of constitutional rights.

Fisher v. Dallas County · filed 2014-04-18

Plaintiffs have failed to plead that Womble was personally involved in any of the conduct that allegedly deprived them of their constitutional rights. ... Accordingly, the court grants Womble’s motion to dismiss plaintiffs’ § 1983 discrimination claims against him in his individual capacity, to the extent these claims are based on discrimination on the basis of race.
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An official who neither used force nor had an opportunity to intervene is entitled to qualified immunity on individual-capacity § 1983 claims for excessive force and failure to protect.

Cecil Edwards, Jr. v. Byrd · filed 2014-04-24

Given his absence, he could not have used excessive force against the plaintiffs, nor could he have had an opportunity to intervene to prevent the guards from employing excessive force. These individual-capacity excessive-force and failure-to-protect claims are the only remaining claims against Sheriff Byrd. Thus, we conclude that Sheriff Byrd is entitled to qualified immunity, and we reverse the district court’s denial of summary judgment on that basis only as to Sheriff Byrd.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; an officer who did not participate in a prosecution cannot be liable for malicious prosecution.

Costello v. Milano · filed 2014-05-06

There is no evidence that Officer Sanchez initiated Plaintiffs prosecution for any of the crimes with which Plaintiff was charged by, e.g., signing a charging instrument, discussing Plaintiffs prosecution with the DA’s Office or involving himself in Plaintiffs prosecution in any other way. ... Plaintiffs malicious prosecution claim against Officer Sanchez must, therefore, be dismissed.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation; knowledge of a complaint alone is insufficient.

Odogba v. Wisconsin Department of Justice · filed 2014-05-19

Furthermore, St. John’s and/or Van Hollen’s knowledge of the May 30, 2012, information Odogba provided, without more, is insufficient to establish personal involvement in the discriminatory or retaliatory conduct.
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Section 1983 does not make officials responsible for constitutional defects in a disciplinary proceeding merely because they declined to reverse its result on administrative appeal.

Obriecht v. Raemisch · filed 2014-05-23

That they did not reverse the hearing officer’s verdict does not make them responsible for defects— even unconstitutional defects — in the underlying proceedings.
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Section 1983 requires a plaintiff to show that a defendant personally violated the plaintiff’s rights to establish individual liability and overcome qualified immunity.

Tyron Brown v. Lucas · filed 2014-05-28

Simply put, to establish liability and to overcome a qualified immunity defense, an individual must show that his or her own rights were violated, and that the violation was committed personally by the defendant.
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Section 1983 requires facts showing a defendant’s personal involvement in a constitutional violation or a causal connection between the defendant’s conduct and the alleged violation.

Ogle v. Yates · filed 2014-05-29

The district court properly dismissed the claims against the remaining ... defendants because Ogle failed to allege facts demonstrating that these defendants were personally involved in any constitutional violation or that there was a causal connection between their conduct and any alleged violation.
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An individual defendant can be liable for damages under § 1983 only if personally involved in the alleged constitutional deprivation.

Pekowsky v. Yonkers Board of Education · filed 2014-05-29

To recover damages from an individual defendant under 42 U.S.C. § 1983, a plaintiff must establish that defendant’s “personal involvement ... in [the] alleged constitutional deprivations.” Spavone v. Dep’t of Correctional Servs., 719 F.3d 127, 135 (2d Cir.2013). ... Wermuth does not dispute that she is responsible for the charges leveled in the Wermuth Letter, which she authored.
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Section 1983 requires a plaintiff to show each defendant’s personal involvement in the alleged constitutional deprivation.

Grasson v. Board of Education · filed 2014-06-04

A plaintiff asserting a section 1983 claim must show the defendant’s “personal involvement ... in [an] alleged constitutional deprivation[ ].”
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Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed violation.

Fate v. Charles · filed 2014-06-05

A plaintiff asserting § 1983 claims must allege the personal involvement of each defendant. ... There is therefore a genuine issue of fact as to whether Parwanta was involved in the use of alleged excessive force, and summary judgment is not appropriate.
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Section 1983 makes an officer liable for harm from a use of force only if the officer personally caused or participated in it.

Estate of Williams v. Indiana State Police · filed 2014-06-13

Indeed the Court finds that Defendants are correct, [Filing No. 116, at ECF p. 12,] that only the Responding Officers who fired the tasers — that is, “personally caused or participated in the alleged constitutional deprivation” — could be responsible for the harm flowing from that use of force.
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Section 1983 does not make a defendant liable for the continued use of restraints after she loses control over whether they remain in place.

Rivera v. Lindmeier · filed 2014-06-27

Nor did Rivera establish liability on Lindemeier’s part for keeping him restrained overnight. Once Rivera was secured in the RIPPTM restraints, Lindmeier’s shift was over, and she no longer had control over keeping Rivera restrained.
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Section 1983 allows a claim against a sheriff to proceed when the evidence permits a jury to find that he personally participated in, ordered, or ratified the alleged arrest and detention.

Mullinax v. McKeithen Ex Rel. Bay County · filed 2014-06-30

Second, contrary to the defendants’ assertion, the evidence, viewed in the light most favorable to Mr. Mullinax, permits a reasonable jury to conclude that Sheriff McKeithen was personally involved in, ordered, or ratified Mr. Mullinax’s arrest and detention.
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Section 1983 requires a triable showing that a defendant had personal knowledge of or involvement in the alleged constitutional violation.

Hamilton v. Rhoads · filed 2014-07-07

The district court properly granted summary judgment on Hamilton’s claims against defendants Larico and Shytle because Hamilton failed to raise a triable dispute as to whether they had any personal knowledge of or involvement in the ... alleged constitutional violation.
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Section 1983 liability requires personal involvement; a doctor cannot be held liable for delayed care without evidence that he was responsible for scheduling it.

Williams v. Fahim · filed 2014-07-17

Moreover, Williams cited no evidence showing that Dr. Fahim was responsible for scheduling the removal of the pin or sutures. See Munson v. Gaetz, 673 F.3d 630, 637 (7th Cir.2012) (noting that liability under 42 U.S.C. § 1983 depends on personal involvement); Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir.2010) (same).
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Section 1983 does not impose liability on an official whose only involvement is denying a grievance or failing to act on it.

Grenning v. Klemme · filed 2014-07-22

The Second Amended Complaint fails to state a claim for relief against these Defendants because one cannot state a constitutional claim based on his dissatisfaction with the grievance process. Where the defendant’s .only involvement in the allegedly unconstitutional conduct is “the denial of administrative grievances or the failure to act, the defendant cannot be liable under § 1983.”
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Section 1983 claims against government officials require allegations of personal involvement in a constitutional deprivation or a causal connection between their conduct and the violation.

Darlene Fike as Next Friend of Hunter E. Bodine, a Minor Child v. Miller · filed 2014-07-23

Her pleadings were even less specific and did not constitute an assertion of personal involvement in the constitutional deprivation or a causal connection between the defendants’ conduct and the alleged constitutional violation.
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Section 1983 permits individual liability when a supervisor knew of an alleged constitutional deprivation and approved it or turned a blind eye to it.

Liska v. Dart · filed 2014-07-23

Thus, the Court concludes that Liska has sufficiently pleaded that Sherriff Dart was personally responsible for the alleged deprivation to maintain Section 1983 liability against him in his individual capacity.
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Section 1983 liability requires the defendant’s personal involvement in the alleged violation.

Opoku v. Educational Commission for Foreign Medical Graduates · filed 2014-07-28

Because it is well-established that liability in a section 1983 action must be predicated upon personal involvement, see Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1998), Opoku’s complaint was properly dismissed as to Martinez.
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Section 1983 requires specific allegations that each defendant sued individually was personally involved in the alleged wrongdoing.

Dominguez v. Governor of Pennsylvania · filed 2014-07-29

And we concur with the District Court that, to the extent the defendants were sued in their individual capacities, Dominguez failed to specifically allege their personal involvement in the alleged wrongdoing.
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Section 1983 does not make an officer liable for an unconstitutional search in which the officer did not participate.

Hill v. City of Chicago · filed 2014-07-30

Santiago cannot be liable for an unconstitutional search if he did not participate in it.
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Section 1983 requires facts showing that a defendant participated in, directed, or knowingly failed to prevent an alleged violation.

Cobb v. Dyemartin · filed 2014-07-31

The district court properly dismissed Cobb’s claims against defendants Lansdowne, Hansen, Goldsmith, the City of San Diego, the San Diego Police Department, the San Diego County District Attorney, and the San Diego County Sheriff’s Department because Cobb failed to allege facts demonstrating that they participated in, directed, or knowingly failed to prevent the alleged violations at issue.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; a defendant cannot be liable for a violation they neither participated in nor approved.

Woolford v. McDonald · filed 2014-07-31

“A defendant in a civil rights action must have personal involvement in the alleged wrongs to be liable ... and cannot be held responsible for a constitutional violation which he or she neither participated in nor approved.”
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Section 1983 requires a defendant's personal involvement in the conduct that deprived the plaintiff of a federal right; evidence of that involvement can create a genuine issue for trial.

Garcia-Gonzalez v. Puig-Morales · filed 2014-08-01

Under these circumstances, such evidence is sufficient to establish a genuine issue of material fact as to whether Puig personally "participated in the conduct" that allegedly deprived García of his rights.
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Section 1983 requires an individual defendant to have been personally involved in the alleged deprivation of rights.

Valdez v. Danberg · filed 2014-08-04

It is well-established that an individual government defendant in an action under § 1983 must have had some personal involvement in the alleged wrongdoing to be held liable.
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Section 1983 requires a complaint to allege the defendant’s actions or omissions that could support liability.

Stresemann v. Jesson · filed 2014-08-04

Stresemann’s amended complaint does not plainly state the actions or omissions of Nail that should cause him to be liable under section 1983.
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Section 1983 requires facts showing a defendant’s personal involvement; conclusory allegations of participation in a conspiracy do not satisfy that requirement.

Richard v. Fischer · filed 2014-08-07

These allegations do not satisfy the personal involvement requirement to state a § 1983 claim, and any conspiracy claims are barred by the intracorporate conspiracy doctrine as discussed above at Part 11(C).
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A § 1983 plaintiff must specifically allege a defendant’s participation in, or actual knowledge of and acquiescence in, the deprivation of a constitutional right.

Thomas v. Brinich · filed 2014-08-18

A § 1983 plaintiff must set forth specific allegations of participation or actual knowledge and acquiescence in the deprivation of a constitutionally protected right.
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Section 1983 requires facts showing how each individual defendant was involved in the alleged constitutional violation; identifying a defendant’s name and job title is insufficient.

Robert Williams, Sr. v. State of California · filed 2014-08-19

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.
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Section 1983 requires personal involvement for individual liability; planning board members who approved the challenged resolutions could be liable on that basis.

545 Halsey Lane Properties, LLC v. Town of Southampton · filed 2014-08-19

Here, there is little doubt that the members of the Planning Board and the AAC acted under color of state law at the relevant times. As to personal involvement of the Individual Defendants, the complaint is predicated upon two resolutions which the Planning Board approved, and, thus, the current and former members of the Planning Board named in this lawsuit cannot avoid § 1983 liability on this basis.
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Section 1983 requires personal involvement in the alleged misconduct to hold a defendant liable in an individual capacity.

Lawson v. City of Coatesville · filed 2014-08-19

As a matter of law, it is insufficient to subject Canale to liability in his individual capacity without demonstrating his personal involvement in Lawson’s arrest.
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Section 1983 requires proof of a defendant’s personal participation in the alleged rights deprivation; presence and observation alone do not establish liability.

Bradford v. Clackamas County · filed 2014-08-21

“In order for a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation.” Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). The district court properly granted summary judgment to defendants Moore, Bergerson, and Dunkle because Bradford failed to produce evidence of personal participation by those defendants and alleged only that they were present during and observed the May 31, 2006, incident.
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Section 1983 requires allegations showing a defendant’s personal involvement in the alleged violation or a causal connection between the defendant’s conduct and the violation.

Hayes v. Radford · filed 2014-08-21

The district court properly dismissed Hayes’s claim against defendants Prado and Valdez because Hayes failed to allege facts demonstrating their personal involvement in the alleged violations or a causal connection between their conduct ... and the alleged violations.
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Section 1983 permits liability for planners who formulate and approve a search or seizure plan that results in an unconstitutionally excessive use of force.

Terebesi v. Torreso · filed 2014-08-21

Our case law thus clearly establishes that planners may be liable under section 1983 to the extent that a plan for a search or seizure,-as formulated and approved by those defendants, provides for and results in an unconstitutionally excessive use of force.
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Section 1983 permits individual liability when a defendant’s own actions cause the alleged constitutional violation.

McGinnis v. District of Columbia · filed 2014-08-28

There appears to be no dispute that Ms. Haines-Walton’s “own individual actions,” id., caused the alleged constitutional violation.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of federal rights; a supervisory role alone is insufficient.

Delano v. City of Buffalo · filed 2014-08-29

Personal involvement in the deprivation of federal constitutional rights is the sine qua non of liability under § 1983. ... Under this standard, Defendants Daniel Derenda, Dennis Richards, and Mayor Byron Brown must be dismissed in connection with Delano’s First Amendment claim.
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Section 1983 requires a basis for holding each officer personally liable for the alleged misconduct.

Tarabochia v. Mickey Adkins · filed 2014-09-09

Because the complaint does not allege and the record does not indicate that Officers Hopkins or Rhoden took part in the decision to stop and search the Tarabochias’ automobile or that they participated in the alleged “vendetta,” even construing the facts in the light most favorable to the Tarabochias, there is insufficient basis to hold either of them liable under 42 U.S.C. § 1983.
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Section 1983 permits false arrest liability for officers who assist in an arrest when their assistance causes or participates in it.

Wilbon v. Plovanich · filed 2014-09-09

Other officers who were present for the arrests may also be held liable if their assistance was such that they caused or participated in the arrest.
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Individual liability under § 1983 requires personal involvement in the alleged constitutional violation.

Sherman v. Klenke · filed 2014-09-09

However, with respect to Ms. Montoya’s involvement in Mr. Klenke’s treatment, “[[Individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” ... It is undisputed that Ms. Montoya was not involved in treatment decisions made by clinic medical providers and that Ms. Montoya was not qualified to issue or change prescriptions.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.

Tompkins v. City of New York · filed 2014-09-10

Plaintiff therefore cannot, as a matter of law, establish an excessive force claim against the Individual Defendants under Section 1983, for “[i]t is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”
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Section 1983 does not impose liability on a defendant who had no role in the challenged decision.

Fortner v. Young · filed 2014-09-16

Since Young had no role in that decision she could not be held liable under 42 U.S.C. § 1983. We affirm that decision because the Fortners have not shown the magistrate’s findings were clearly erroneous.
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Section 1983 liability requires personal involvement in the alleged constitutional violation.

Ott v. City of Milwaukee · filed 2014-09-19

Liability under 42 U.S.C. § 1983 depends on personal involvement.
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Section 1983 requires a defendant’s personal involvement in the alleged violation; denying a prisoner’s grievance alone does not establish it.

Morales v. Fischer · filed 2014-09-22

Denial of a grievance alone is insufficient to show personal involvement.
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Section 1983 requires evidence that a defendant was personally involved in the alleged violation.

De Jesus v. Odom · filed 2014-09-23

Because § 1983 requires a showing of personal involvement, see Minix v. Canarecci, 597 F.3d 824, 833–34 (7th Cir. 2010); Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009), the absence of evidence showing Bacon’s personal involvement dooms his claim.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation for an award of damages.

New York State United Teachers v. State · filed 2014-09-23

Because personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under section 1983, the complaint is dismissed against the individual defendants.
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Section 1983 requires allegations of each individual defendant’s personal involvement in the alleged wrongdoing to state a plausible claim against that defendant.

Campbell v. Conroy · filed 2014-09-23

Without allegations of personal involvement in the alleged wrongdoing, plaintiff cannot maintain a plausible § 1983 claim against the individual defendants he has sued.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for an award of damages.

Richardson v. Pratcher · filed 2014-09-27

“It is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... However, Eti-enne’s lack of involvement in the OSC’s decision not to invest in ICV Growth would not exonerate her for potential liability from the adverse action involved in Richardson’s termination.
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Section 1983 individual-capacity liability requires a constitutional claim and the defendant’s personal involvement in the alleged harm.

Dickerson v. District of Columbia · filed 2014-09-30

With regard to former Mayor Fenty, however, the plaintiffs’ only apparent theory of individual liability concerns purported constitutional deprivations pursued under 42 U.S.C. § 1983. ... The plaintiffs’ complaint, however, is devoid of constitutional claims and, in any event, they allege no personal involvement on the part of Mayor Fenty with respect to any of the alleged harms that they do identify. Accordingly, the Court will dismiss Adrian Fenty from this case to the extent that he is sued in his individual capacity.
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Section 1983 requires a plaintiff seeking money damages to show that each defendant was personally involved in the constitutional violation.

Boyd v. Arnone · filed 2014-09-30

To recover money damages under § 1983, the plaintiff must show that these defendants were personally involved in the constitutional violations.
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A damages claim under § 1983 requires the defendant’s personal involvement in the alleged constitutional deprivation.

Matz v. Klotka · filed 2014-10-06

A damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation.
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Section 1983 requires facts linking each defendant to an alleged constitutional violation.

Solomon v. Carrasco · filed 2014-10-07

The district court properly dismissed Solomon’s Eighth Amendment claim alleging deprivation of outdoor exercise against all defendants other than Carassco and Dailo because Solomon failed to allege facts sufficient to link these defendants to any constitutional violation.
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Section 1983 requires a triable dispute about a defendant’s personal knowledge of or involvement in the alleged constitutional violation to defeat summary judgment.

Stringer v. Jacobs · filed 2014-10-08

The district court properly granted summary judgment on Stringer’s claim against defendants Jacobs and Smith because Stringer failed to raise a triable dispute as to whether they had any personal knowledge of or involvement in the alleged constitutional violation.
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Section 1983 requires evidence that the defendants were involved in the alleged violation.

Wiggin v. Robideau · filed 2014-10-08

Summary judgment was proper on Wiggin’s claims against all defendants because, even assuming that Wiggin exhausted his administrative remedies, Wiggin failed to raise a genuine dispute of material fact as to whether defendants were involved in any search of his cell, and whether their four-day delay in providing him legal copies and an alleged disciplinary warning would have chilled or silenced a person of ordinary firmness from exercising their First Amendment rights.
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Section 1983 claims against individual defendants require allegations that those defendants were personally responsible for the claimed deprivation of rights.

Mallgren v. Burkholder · filed 2014-10-08

Section 1983 claims generally must be brought against the individuals personally responsible for the alleged deprivation of constitutional rights, not against the government entities or agencies where those individuals are employed. ... Because Plaintiff has not alleged any claims against any individual Defendants, to the extent he was attempting to do so, Plaintiff has failed to state a § 1983 claim.
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Section 1983 requires a plaintiff to show that an individual defendant was personally involved in the constitutional violation.

Fromer v. Corizon, Inc. · filed 2014-10-15

In order for Dr. Marandet to be held hable under § 1983, Mr. Fromer must present evidence that Dr. Marandet was personally involved in the constitutional violation.
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation before damages may be awarded against that defendant.

McCloud v. Prack · filed 2014-10-28

It is well established that “[personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” ... There are no allegations indicating that Prack was even aware of plaintiffs removal from protective custody, that he knew of any threats to plaintiffs safety, or that he could otherwise be held liable for the alleged violation of plaintiffs rights. This claim is therefore dismissed.
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A § 1983 claim against an individual requires the defendant's personal involvement in the alleged constitutional violation.

Sweets v. Wyoming Department of Employment · filed 2014-11-03

A plaintiff alleging a § 1983 claim for denial of his constitutional rights by a natural person must demonstrate that the defendant was personally involved in the alleged constitutional violation.
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation to support a damages claim.

Levantino v. New York State Police · filed 2014-11-03

In the Court’s view, the Plaintiff fails to set forth sufficient allegations in the proposed amended complaint as to how “John Doe” was personally involved in any constitutional deprivation or deprivation under state law. Accordingly, the Court denies as futile the Plaintiffs cross motion to amend to the extent he seeks to assert any claims against John Doe.
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Section 1983 requires a defendant's personal involvement in a constitutional violation for that defendant to be held liable.

Whitley v. Miller · filed 2014-11-06

However, plaintiff has failed to identify a basis in the record to support a finding that either Acting Director Venettozzi or Director Prack were “personally involved” in the violation and therefore they cannot be held liable under § 1983.
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Section 1983 requires a defendant’s personal involvement in the alleged wrong; grievances submitted after the alleged deprivation and respondeat superior do not establish it.

Hartmann v. Carroll · filed 2014-11-14

In the entire course of this long-running litigation, Hartmann has cited but one factual nexus linking the defendants and the purported abridgement of Hartmann’s constitutional rights: his own submission of grievances to Carroll and Pierce after the alleged occurrence of the complained-of deprivations, evidence plainly insufficient to establish a § 1983 defendant’s personal involvement. Otherwise, Hartmann’s claims are predicated solely on the operation of respondeat superior and fail to allege the defendants’ “personal involvement in the alleged wrongs,” as required.
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Section 1983 requires a defendant’s personal participation in the specific constitutional violation alleged.

Edmond v. Raemisch · filed 2014-11-18

Moreover, the complaint failed to establish any plausible facts showing the then-executive director’s personal participation with regard to the payment (or, more precisely, the lack thereof). “But § 1983 imposes liability for a defendant’s own actions—personal participation in the specific constitutional violation complained of is essential.”
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A § 1983 complaint must allege a connection between the defendants and the conduct alleged to violate a right.

Hardage v. Gullett · filed 2014-11-21

However, Hardage’s complaint fails to state such a claim, or to allege any connection between the defendants and the initial removal of Hardage’s children.
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A § 1983 plaintiff must allege specific facts showing how each defendant’s own conduct violated a constitutional right.

Cabbil v. McKenzie · filed 2014-12-04

Plaintiffs fail to allege with specificity which Defendant, through his own individual conduct, planted cocaine or falsely claimed that it was present in the basement. For these reasons, Plaintiffs’ claim for illegal seizure fails to state a cause of action.
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Section 1983 requires a plaintiff to allege facts linking each defendant to a constitutional violation.

Keith Arline, Jr. v. Ken Clark · filed 2014-12-05

The district court properly dismissed Arline’s action against defendants Vasquez, Clark, and Sherman because Arline failed to allege facts sufficient to link these defendants to any constitutional violation.
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Section 1983 requires each individual defendant to have been personally involved in the alleged violation.

Cotterell v. Gilmore · filed 2014-12-08

However, “it is not enough for the Plaintiff to allege a violation of the Constitution or federal law under Section 1983. The Second Circuit has long recognized that a plaintiff asserting claims under § 1983 must allege the personal involvement of each individual defendant acting under col- or of state law.”
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Section 1983 requires a defendant’s personal involvement in a constitutional deprivation for individual liability.

Lin v. County of Monroe · filed 2014-12-08

As discussed in Part IV of this Decision and Order, a defendant must have been personally involved in a constitutional deprivation to be held liable under § 1983. Because Plaintiff is unable to produce any evidence that Sergeant Murphy or an individual named Michael Thompson was personally involved in the alleged excessive use of force and/or assault and battery against him, they are entitled to summary judgment.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Courtney v. DeVore · filed 2014-12-12

Courtney’s claim is valid only against the administrators who personally assigned him to these units.
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Section 1983 requires personal responsibility for the challenged action; chairing a committee does not make a defendant responsible for decisions he did not control.

Lambert v. Adler · filed 2014-12-17

And, as the district court recognized, since Dr. Adler did not control the actions of the committee, he was not personally responsible for its initial decisions — right or wrong — to delay involving an ENT specialist.
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Section 1983 requires a plaintiff to show each defendant’s personal participation in the alleged violation.

Rackley v. Blevins · filed 2014-12-19

And we conclude that Mr. Rackley must show personal participation by the Defendants, and he has failed to do so, at least as to most of the Defendants.
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Section 1983 requires a damages plaintiff to allege facts showing the defendant personally participated in the alleged constitutional violation.

Scott v. Carlson · filed 2014-12-19

“It is axiomatic that, to prevail on a damages claim for a constitutional violation pursuant to § 1983, the plaintiff must show that the defendant, acting under color of state law, ‘personally participated in the alleged violation.’” ... We agree that Mr. Scott’s Complaint fails to allege facts showing Ms. Carlson’s personal participation.
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Section 1983 requires a defendant’s personal participation in the alleged deprivation; another body’s actions cannot be attributed to the defendant without evidence that they acted in concert.

Hicks v. Dotson · filed 2014-12-22

Plaintiff tends to conflate the CRC’s actions and those of Defendant. However, Plaintiff has not established that Defendant acted in concert with the CRC, and thus, the CRC’s actions cannot be attributed to Defendant.
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Section 1983 requires a plaintiff seeking to hold an individual defendant liable to show that the defendant personally participated in or foreseeably caused the deprivation of a federal right.

Sherman v. County of Suffolk · filed 2014-12-29

However, the Court concludes that the Plaintiff has failed to establish a genuine issue of material fact that any of the Individual Defendants set in motion the events that led to his ultimate determination. In the Court’s view, no rational juror could find that the Plaintiffs termination was a “natural and foreseeable” result of the requirement to perform a certain exercise. Therefore, the Court grants that part of the Defendants’ motion for summary judgment dismissing the Plaintiffs Section 1983 claims against the Individual Defendants..
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Section 1983 requires an individual defendant to have been personally and knowingly involved in the alleged constitutional violation.

Williams v. Savory · filed 2015-01-07

To state a § 1983 claim against an individual defendant, a plaintiff must allege sufficient facts to demonstrate that the defendant was personally and knowingly involved in violating her constitutional rights.
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Section 1983 requires actual knowledge by the defendants themselves to hold them liable for deliberate indifference to a serious medical need.

Triplett v. Benson · filed 2015-02-03

The district court reasoned that other staff within CCUSO to whom Triplett had complained about his voice should have known something was wrong. Actual knowledge on the part of defendants, however, is required to hold them liable under section 1983.
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Section 1983 requires each individual defendant to have personally participated in, encouraged, condoned, or acquiesced in the rights-violating conduct.

Ayala-Padró v. Municipality of Arroyo · filed 2015-02-03

Each defendant must have personally participated in, encouraged, condoned, or acquiesced in rights-violating conduct.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual liability.

Greene v. Cook County Sheriff's Office · filed 2015-02-04

For Defendant Holbrook to be individually liable under § 1983, he must have been “personally involved” in the alleged constitutional violation.
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Section 1983 requires allegations showing how each individual defendant personally violated the plaintiff’s rights; blanket allegations against a group are insufficient.

Sterrett v. Cowan · filed 2015-02-04

Blanket acts alleged against all individual defendants cannot be ascribed to each individual defendant.
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Section 1983 requires a plaintiff to establish an individual defendant’s personal involvement in the alleged constitutional deprivation.

Watts v. New York City Police Dep't · filed 2015-02-17

Thus, a claim against an official in his individual capacity under § 1983 will fail if the plaintiff fails to establish the personal involvement of the defendant.
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A § 1983 sex discrimination claim against an individual requires that defendant’s personal involvement and discriminatory purpose.

Richardson-Holness v. Alexander · filed 2015-02-19

Discriminatory purpose, nowhere alleged as to Cum-berbatch and Martin, is essential to imposing liability under § 1983.
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Section 1983 does not impose nonconspiratorial group liability on officers; liability requires evidence of each defendant’s personal involvement.

Corley v. Shahid · filed 2015-03-05

There is no non-conspiratorial theory of “group liability” under § 1983.
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Section 1983 requires a defendant sued individually to have been personally involved in the deprivation or causally connected to it.

Spence v. Nelson · filed 2015-03-06

The plaintiff “must establish that the defendant was either personally involved in the deprivation or that his wrongful actions were causally connected to the deprivation.”
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Section 1983 requires evidence connecting an individual defendant’s actions to the alleged deprivation before that defendant can be held liable.

Angulo v. Nassau County · filed 2015-03-06

Plaintiff has failed to point to the actions of any specific individual that hindered his ability to pursue his lawsuit against the LIRR or otherwise interfered with his ability to access the courts, and thus cannot establish liability under § 1983.
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Section 1983 individual-capacity claims require a defendant’s personal involvement in the deprivation of rights or a causal connection between the defendant’s act and the violation.

Hawkins v. Marlin Gusman · filed 2015-03-13

With regard to any individual capacity claims, Hawkins had to show that the OPP defendants were either personally involved in the acts causing the deprivation of his constitutional rights or that there was a causal connection between an act of the OPP defendants and the constitutional violation sought to be redressed.
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Section 1983 requires a plaintiff alleging deliberate indifference to specify how each defendant was personally involved in or directly responsible for the injury.

Kenyon v. Warden Dooley · filed 2015-03-27

Moreover, nothing in the record shows that any individual defendant was responsible for the alleged delays after surgery. See Beaulieu, 690 F.3d at 1030–31 (citing Estate of Rosenberg by Rosenberg v. Crandell, 56 F.3d 35, 37 (8th Cir. 1995)) (plaintiff alleging deliberate indifference under § 1983 must specify how defendants were personally involved in, or had direct responsibility for, incidents that injured him).
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Section 1983 requires personal involvement for supervisory liability and provides immunity for parole officials performing adjudicative functions.

Sula v. William Stephens, Director · filed 2015-03-27

Sula did not plausibly establish that the supervisory defendants were personally involved in the alleged constitutional violation or acted with deliberate indifference. See Coleman, v. Sweetin, 745 F.3d 756, 763 (5th Cir. 2014); Porter v. Epps, 659 F.3d 440, 446 (5th Cir. 2011). Further, to the extent Sula complained that the parole-officer defendants arbitrarily and capriciously denied his mandatory-supervision release, an adjudicative function, the parole-officer defendants enjoy absolute immunity. See Hulsey v. Owens, 63 F.3d 354, 356-57 (5th Cir. 1995).
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Section 1983 requires a plaintiff suing an individual defendant to show the defendant’s personal involvement in the alleged constitutional violation.

Cowan v. City of Mount Vernon · filed 2015-03-27

“To establish a claim under § 1983 against an individual defendant, the plaintiff must demonstrate the defendant’s personal involvement in the alleged discrimination. ... The Court concludes that these troubling allegations are sufficient for a jury to find that Miller’s conduct was “independently sufficient to create a hostile work environment” to warrant individual liability under § 1983. ... Accordingly, Defendants’ Motion For Summary Judgment as to Plaintiffs § 1983 claim against Miller is denied.”
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Section 1983 requires personal involvement and a deprivation of a protected liberty or property interest to support a civil rights claim.

Callen v. Wyoming Department of Corrections · filed 2015-03-30

The district court correctly held that: (1) § 1983 does not allow Mr. Callen to pursue claims of vicarious liability; (2) Corizon’s alleged failure to pay medical bills did not establish a deprivation of a liberty or property interest, as required to state a claim under § 1983; (3) the allegations against Dr. Coyle are barred by the statute of limitations; (4) Mr. Callen could not proceed with allegations that established only his disagreement with a doctor’s medical decision; (5) the claims against WDOC, the WDOC prisons, and the WDOC employees in their official capacities for monetary damages are barred by the Eleventh Amendment; and (6) the state-law claims are barred by the WGCA. We therefore affirm the dismissal with prejudice of those claims for substantially the reasons set forth in the district court’s order filed on July 2, 2014.
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Section 1983 requires a plaintiff to show personal involvement by an individual state actor or an agreement to deprive the plaintiff of a constitutional right.

Berrios v. City of Philadelphia · filed 2015-03-31

A conspiracy under section 1983 requires that two or more conspirators reach an agreement to deprive a plaintiff of a constitutional right under color of law.
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Section 1983 requires personal involvement in an alleged constitutional deprivation for an award of damages.

Hassell v. Fischer · filed 2015-04-01

It is firmly established that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.”
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Section 1983 requires a defendant’s participation in the constitutional violation; knowledge or awareness alone is insufficient.

Burns v. City of Concord · filed 2015-04-09

Moreover, even if Mr. Peterson, Mr. Grove,'and Mr. Conaty “knew” or were “aware” that Mr. Lawrence was being illegally detained, this would not suffice for liability under section 1983 because knowledge or awareness, alone, does not demonstrate participation.
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Section 1983 requires a defendant to have personally participated in the actions causing the alleged deprivation.

Williams v. Adams · filed 2015-04-15

Williams presented no evidence that Appellee D. Beeler took any of the official actions alleged to have deprived him of opportunities for out-of-cell exercise. We hold, therefore, that the district court properly granted summary judgment in Appellee Beeler’s favor.
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Section 1983 requires each defendant's liability to be assessed individually based on that defendant's own conduct.

Apsey v. Chester Township, OH · filed 2015-04-15

In a § 1983 action, each defendant’s liability must be individually assessed to ensure that no defendant is improperly held liable for the conduct of another.
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Section 1983 requires deprivation of a right, causation linking the defendant to the deprivation, and state action.

Cruz v. Puerto Rico Planning Board · filed 2015-04-15

Section 1983 claims require that a plaintiff establish three elements for liability to ensue: deprivation of a right, a causal connection between the actor and the deprivation, and state action. ... Moreover, a plaintiff must link each particular defendant to the alleged violation of federal rights. ... A plaintiff may do so by indicating any “personal action or inaction [by the defendants] within the scope of [their] responsibilities that would make [them] personally answerable in damages under Section 1983.”
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Section 1983 requires a defendant's personal involvement in an alleged constitutional deprivation for the plaintiff to recover damages.

Bennett v. Britton · filed 2015-04-20

Under the first version, as testified to by Bennett, Bennett failed to identify the blond officer at the arrest site. It was undisputed that Sergeant Britton—the only (possibly) blond defendant in law enforcement—was never at the arrest site, so even if the jury found that Bennett was injured at the site of his arrest, there was no named defendant personally involved in that injury from whom Bennett could recover. See Spavone v. N.Y. State Dep’t of Corr. Servs., 719 F.3d 127, 135 (2d Cir. 2013) (“[P]ersonal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” (internal quotation marks omitted)).
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Section 1983 requires allegations that an individual defendant's personal conduct caused the constitutional violation.

Haight v. O'Bannon · filed 2015-04-22

Defendants also move to dismiss the complaint against Chief Lanier in her individual capacity. Because the complaint lacks any allegations that Lanier was personally involved in the single incident at issue, the Court will dismiss the individual capacity claims as well. See Jones v. Horne, 634 F.3d 588, 602 (D.C. Cir. 2011) (dismissing Section 1983 claims against individual where complaint did not allege personal conduct causing alleged constitutional violations); Lesesne v. Doe, No. 10-CV-00602 (CRC), 2014 WL 4100008, at *3 (D.D.C. Aug. 21, 2014) (same); Jefferies v. Dist. of Columbia, 917 F.Supp.2d 10, 25–26 (D.D.C. 2013) (same); Way v. Johnson, 893 F.Supp.2d 15, 22 (D.D.C. 2012) (same).
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Section 1983 requires an affirmative link between a defendant’s actions and the claimed deprivation.

(PC) Jenkins v. Barker · filed 2015-04-30

There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant’s actions and the claimed deprivation.
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Section 1983 liability requires a defendant's personal involvement in the alleged civil-rights violation.

Ulrich v. Corbett · filed 2015-05-06

Moreover, to the extent that Ulrich sues the defendants in their individual capacities, his complaint fails to state a claim because he has not alleged any personal involvement by the Defendants in violation of his civil rights. ... See Polk County v. Dodson, 454 U.S. 312, 325 (1981) (holding that liability in a § 1983 action must be predicated on personal involvement, not on the basis of respondeat superior). ... For these reasons, Ulrich has not stated a claim against either defendant under section 1983 for violating his civil rights, or for conspiring to do so under section 1985.
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Section 1983 requires a causal connection between a defendant’s unlawful conduct and the deprivation of constitutional rights.

Sheridan v. Reinke · filed 2015-05-08

Although error to grant summary judgment to Reinke solely on the basis that he was not personally involved in the treatment of Sheridan’s post-traumatic stress disorder (“PTSD”), Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074–75 (9th Cir. 2013), any such error was harmless, as Sheridan failed to show that Reinke engaged in unlawful conduct causally connected to a deprivation of Sheridan’s constitutional rights, Crowley v. Bannister, 734 F.3d 967, 977 (9th Cir. 2013).
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Section 1983 requires a causal link to and direct responsibility for the alleged deprivation of rights.

Patton v. Blum · filed 2015-05-14

“Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.”
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Section 1983 requires personal involvement for liability and does not impose liability based solely on respondeat superior.

Stoudemire v. Michigan Department of Corrections · filed 2015-05-22

Davis’s attempt to hide behind the Health Care staff is unavailing because she was responsible for the placement decision and she was personally aware of Stoudemire’s condition. Thus, the issue here is not respondeat superior, because Davis knew of Stoudemire’s condition, the prison’s conditions, and was personally involved in the ultimate placement decision.
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A § 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement in the claimed violation.

Saunders v. Danberg · filed 2015-06-02

We find no error in the dismissal of Saunders’ constitutional claims against Markell, Danberg, Coupe, Phelps, and Scarbrough because the complaint does not allege their personal involvement in the claimed violations.
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Section 1983 requires a defendant’s personal involvement in the alleged mistreatment; a warden cannot be liable without evidence of that involvement.

Leonard Williamson, Sr. v. Brownfield · filed 2015-06-09

Even if the foregoing weren’t enough to foil Williamson’s Eighth Amendment claim, Rustin would nonetheless be off the hook because there is no evidence that he was personally involved in Williamson’s alleged mistreatment.
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Section 1983 requires personal involvement in the alleged constitutional deprivation for individual liability, including liability for failure to intervene.

Thompson v. Village of Monee · filed 2015-06-17

“Individual liability under § 1983 requires personal involvement in the alleged constitutional deprivation.” ... The Court, therefore, grants Defendants’ motion for summary judgment of Count III as it pertains to Officers Crescenti and Jones and any alleged failure to intervene during Thompson’s arrest on June 26, 2010.
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Section 1983 requires allegations that each defendant was personally involved in the alleged wrongs.

Wadis v. Norristown State Hospital · filed 2015-06-23

However, Wadis named executives, supervisory staff, and employees without making any particular allegations of personal involvement by them in the 2012 beating. This fails to state a claim under § 1983, see Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (noting that a defendant in a § 1983 action “must have personal involvement in the alleged wrongs”), and thus renders the amendment futile.
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Section 1983 requires an individual defendant’s own misconduct for personal liability.

Providence Pediatric Medical Daycare, Inc. v. Alaigh · filed 2015-06-30

Although Defendants raise this issue in the context of qualified immunity, it is more appropriately addressed in the context of the merits of Plaintiffs’ claims, because individual misconduct is necessary for liability under Section 1983.
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Section 1983 requires allegations that a defendant was personally involved in causing the plaintiff’s injury.

Robert Gamez, Jr. v. Unknown Norris · filed 2015-07-02

The district court did not abuse its discretion when it denied Gamez’s motion to amend his complaint to add claims against previously dismissed ... defendants because Gamez failed to allege facts demonstrating that those defendants were personally involved in causing his injury.
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Section 1983 requires facts showing that each individual defendant personally acted to deprive the plaintiff of a constitutional right.

Rodriguez v. District of Columbia · filed 2015-07-27

Finally, whether Count VI is based upon due process or equal protection, it fails for another reason, at least as to defendants Swann and Crawford: plaintiff has not alleged any facts tending to show that they were the actors responsible for depriving her of a constitutional right.
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Section 1983 requires a prison official’s personal involvement in unconstitutional conduct to hold the official liable for damages; alleging a failure to train subordinates alone is insufficient.

Parkell v. Markell · filed 2015-07-27

This theory, typically used to hold municipalities liable under § 1983, see id., does little to assist Parkell. He still must show the prison officials’ personal involvement in the unconstitutional conduct to hold them liable for damages.
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An individual defendant in a § 1983 claim must be alleged to have participated in the challenged conduct.

Shanko v. Lake County · filed 2015-07-27

Defendants are correct, however, that Plaintiffs equal protection claims against the individual Defendants fail because Plaintiff has not alleged’ sufficient facts regarding their involvement in denying him the ability to reside in a temporary trailer on his property.
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Section 1983 requires a defendant’s personal involvement in an alleged constitutional violation for individual liability.

33 Seminary LLC v. City of Binghamton · filed 2015-07-28

Thus, Defendants Ryari and Frank are also entitled to summary judgment on the claims against them in’ their individual capacities based on lack of personal involvement in the alleged constitutional violations.
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Section 1983 requires an individual defendant to be personally involved in the alleged deprivation.

Littlejohn v. City of New York · filed 2015-08-03

Therefore, because only Baker was personally involved in the decision to demote Littlejohn, Littlejohn’s disparate treatment claim under §§ 1981 and 1983 survives only against Baker.
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Section 1983 does not impose liability on an official merely because of the official’s position.

Stultz v. Virginia Department of Motor Vehicles · filed 2015-08-05

The court agrees with Layne that he cannot be held liable under § 1983 merely because of his current position as the Secretary of Transportation.
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A § 1983 claim against a named defendant fails when the complaint does not allege that the defendant deprived the plaintiff of adequate process or otherwise violated his rights.

Hammonds v. Director Pennsylvania Bureau of Driver Licensing · filed 2015-08-06

Assuming that Hammonds purports to assert that he has a Fourteenth Amendment interest in his driver’s license, he does not contend that defendant Templeton denied him adequate process. While we construe the allegations of a pro se pleading liberally, see United States v. Miller, 197 F.3d 644, 648 (3d Cir. 1999), we fail to discern either a procedural due process claim—or any other claim under § 1983—against defendant Templeton here.
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Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.

Velasquez v. Diguglielmo · filed 2013-03-19

We have considered Velasquez’s Eighth Amendment and due process claims against Schweitzer and conclude that the District Court properly dismissed them, as Velasquez failed to establish how Schweitzer was personally involved in the alleged denial of treatment for his insomnia and the decisions to place him in the RHU and then transfer him to SCI Huntingdon.
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Section 1983 requires each defendant’s personal involvement in the deprivation of rights; an officer’s claim may survive dismissal when discovery could establish his participation.

Jorge v. Galarza-Soto · filed 2015-08-31

Furthermore, the plaintiff must also show that each individual defendant was involved personally in the deprivation of constitutional rights because no respondeat superior liability exists under section 1983. ... Although an examination of the complaint does indeed reveal that Plaintiffs fail to allege Galarza used any force to arrest Fernández, the court finds that dismissal-of this claim is not appropriate at this juncture, as discovery may reveal that the Galarza did participate in the alleged unconstitutional arrest.
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Section 1983 requires a plaintiff to raise a triable dispute about a defendant’s personal participation in the alleged constitutional violation.

Hinkley v. Vail · filed 2015-09-04

The district court properly granted summary judgment on Hinkley’s claims against defendants Vail and Russell because Hinkley failed to raise a triable dispute as to whether these defendants personally participated in the alleged constitutional violations. See Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (explaining supervisory liability under § 1983).
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.

Howard v. Bartow · filed 2015-09-18

Other than the plaintiffs’ unsupported allegations in the complaint, there is no evidence in the record to support a finding that these defendants had any personal involvement in the events the plaintiffs describe.
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In a § 1983 claim, a senior jail official’s personal involvement may be inferred at the motion to dismiss stage when the alleged constitutional violations are potentially systemic.

Smith v. Dart · filed 2015-09-25

As the district court correctly noted, the personal involvement of senior jail officials, such as Dart, can be inferred at the motion to dismiss stage, where, as here, the plaintiff alleges "potentially systemic,” as opposed to "clearly localized,” constitutional violations.
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Section 1983 requires specific factual allegations of each individual defendant’s personal involvement; group allegations are insufficient.

Spring v. Allegany-Limestone Central School District · filed 2015-09-30

Because' the personal involvement of a defendant is a prerequisite to an award of damages under § 1983, a plaintiff cannot rely on a group pleading against all defendants without making specific individual factual allegations.
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A § 1983 claim against an individual defendant requires allegations of that defendant’s personal involvement in the alleged violation.

Nelson v. Deming · filed 2015-09-30

Accordingly; the claims contained in Plaintiffs original complaint against defendant Casper are. dismissed, because Plaintiff has failed to plead his personal involvement in the alleged § 1983 violations.
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A § 1983 claim against a prison warden may be dismissed when the plaintiff alleges nothing about the warden.

Beal v. Foster · filed 2015-10-02

Neither in the district court nor in this court has the plaintiff mentioned defendant Foster, the warden, so his dismissal from the suit was proper; not so the dismissal of Schneider.
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Section 1983 requires each officer’s personal involvement; officers executing a facially valid warrant are not liable merely because another officer allegedly falsified the warrant application.

Calderon v. City of New York · filed 2015-10-05

Similarly, here, South’s and Sosa’s alleged willingness to falsify information so as to procure a search warrant cannot be imputed to the officers who conducted the ensuing search, conducted as it was pursuant to a facially valid warrant.
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Section 1983 requires a defendant’s personal involvement; conclusory allegations of responsibility are insufficient.

Downey v. Sheahan · filed 2015-10-06

Such sweeping allegations are insufficient to satisfy the personal-involvement requirement of § 1983.
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Section 1983 requires a plaintiff to show that a state actor personally participated in or caused a violation of the plaintiff’s own constitutional rights.

Delgado v. United States Marshals · filed 2015-10-08

To raise a cognizable § 1983 claim, one must show that a state actor was personally involved with a violation of his constitutional rights or that the state actor’s conduct resulted in such a violation.
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Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation to support an award of damages.

Burroughs v. Petrone · filed 2015-10-15

It is well settled in this Circuit that “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.” Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir.1991)).
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Section 1983 requires a plaintiff to show that each defendant was personally involved in the alleged constitutional deprivation.

Parks v. Blanchette · filed 2015-11-04

To prevail on his claim, he must also show by a preponderance of the evidence that the Defendants were “personally involved — that is, [they] directly participated — in the alleged constitutional deprivations.”
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Section 1983 permits liability for an influential recommender even if someone else makes the final decision, when the recommendation is sufficiently influential.

Stinebaugh v. City of Wapakoneta · filed 2015-11-10

This argument lacks merit. "[A]n influential recommender can be liable under § 1983 without being the final decisionmaker, if the recommendations are shown to be sufficiently influential.”
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Section 1983 requires personal involvement by a defendant before a plaintiff may recover damages for an alleged constitutional deprivation.

Engles v. Jones · filed 2015-11-16

Because “personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,” Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994) (quotation omitted), Plaintiffs freedom to practice religion claim is dismissed.
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Notes 60151–60300 of 71,725, oldest cases first.

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