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 requires a defendant’s personal involvement in the alleged wrong for individual liability.
Ward v. Noonan · filed 2015-11-25
To establish individual liability in a § 1983 case, a plaintiff must show that the defendant had “personal involvement in the alleged wrongs.”Read the full opinion on CourtListener →
Section 1983 requires proof that each individual defendant personally participated in or approved the alleged constitutional violation.
Gannaway v. Prime Care Medical, Inc. · filed 2015-12-21
To impose liability on individual defendants under § 1983, a plaintiff must show that each one personally participated in the alleged constitutional violation or approved of it.Read the full opinion on CourtListener →
Section 1983 requires personal involvement by each defendant to impose liability for a constitutional violation.
Thompson v. Holm · filed 2016-01-04
We next consider whether Thompson produced sufficient evidence that all the defendants were personally involved in imposing this burden. ... Once again, the answer is yes.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation for recovery of damages, including through certain supervisory conduct.
Cadwallader v. Devlin · filed 2016-01-07
While Defendants are correct that “[pjersonal involvement of the defendant in the alleged deprivation is a prerequisite to recovery of damages under § 1983,” courts have also concluded that an actor can have “personal involvement” if “the defendant (1) created or permitted the continuance of a policy that caused the alleged deprivation, (2) failed to remedy the alleged deprivation after learning of it, or (3) was grossly negligent in managing subordinates who caused the alleged deprivation.” K & A Radiologic Tech. Servs. v. Commissioner of the Dep’t of Health, 189 F.3d 273, 278 (2d Cir.1999). Here, the Court reads the Complaint to allege that Defendant Devil was responsible for creating and/or permitting policies to continue that caused a violation of Plaintiffs constitutional rights. As such, Plaintiff has alleged facts sufficient to make plausible that he is entitled to recover against the Defendant, and the motion will be denied in this respect as well.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the constitutional violation.
Harper v. Gamble · filed 2005-04-28
The district court, upon adoption of the magistrate judge’s report and recommendation, dismissed ... Mr. Harper’s claims as to Defendants Brent Fatkin and Gary Snow in their individual capacities for failure to allege personal involvement, ... Having reviewed the matter de novo, we AFFIRM for substantially the same reasons iterated in the district court’s order adopting the recommendation of the magistrate judge. ... The district court’s dismissal of Mr. Harper’s claims against Defendants Fatkin and Snow in their individual capacities was proper, see Olson v. Stotts, 9 F.3d 1475, 1477 (10th Cir. 1993), as was the grant of summary ... judgment on the excessive force claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking damages from officials in their individual capacities to show that each official was personally responsible for the deprivation.
Atkins v. City of Chicago · filed 2006-08-11
In sum, to recover damages against State Officials in their individual capacity, Atkins must show that they were personally responsible for the deprivation of his constitutional rights (Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir.1995)). And that means Atkins must show as to each State Official that he or she either engaged in the conduct causing Atkins’ injury or knew about the conduct and approved it, facilitated it, condoned it or turned a blind eye to it (id,.).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged federal violation.
Payne v. John/Jane Doe · filed 2016-01-12
We agree with the District Court’s Eleventh Amendment analysis and dismissal of three defendants for lack of any personal involvement in the alleged federal violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.
Allen v. Antal · filed 2016-01-14
“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.’”Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation; denying an inmate grievance alone is insufficient.
Chapman v. Wyoming Department of Corrections · filed 2016-01-15
Merely participating in the grievance procedure by denying the inmate’s request does not constitute sufficient involvement to establish personal participation under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the conduct, through knowledge and participation, approval, condonation, or deliberate inaction.
Faulkner v. Fenoglio · filed 2016-01-15
But § 1983 requires personal responsibility—a plaintiff must show the defendant knew about the conduct and facilitated it, approved it, condoned it, or turned a blind eye.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect each official’s acts or omissions to the constitutional injury; a position of authority alone does not establish liability.
García-Matos v. Bhatia-Gautier · filed 2016-01-15
“Public officials may be held liable under § 1983 for a constitutional violation only if a plaintiff can establish that his or her constitutional injury resulted from the direct acts or omissions of the official, or from indirect conduct that amounts to condonation or tacit authorization.” ... While the parties point fingers at each other, a triable issue of fact remains as to who, if any one defendant, was responsible for the employment determinations in question.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation; a supervisory position alone does not establish liability.
Sharma v. D'Silva · filed 2016-01-25
To successfully allege Section 1983 liability,. a plaintiff must demonstrate “personal involvement” and cannot merely rely upon an individual’s position of authority.Read the full opinion on CourtListener →
A Section 1983 plaintiff must show that the defendant was personally involved in the deprivation or that the defendant’s wrongful actions were causally connected to it.
Hernandez v. State of Texas Board of Par · filed 2016-01-27
“Personal involvement is an essential element of a [42 U.S.C. § 1983] cause of action.” ... Reviewing the record as a whole, Hernandez has failed to show that TBPP or Owens were personally involved in, or causally connected to, his incarceration from December 12 to December 14.Read the full opinion on CourtListener →
Section 1983 requires facts establishing a causal connection between an individual defendant and the alleged constitutional violation.
Zolnierz v. Roa · filed 2016-01-28
The district court properly dismissed Zolnierz’s deliberate indifference claim against defendant Arpaio because Zolnierz failed to allege facts sufficient to establish a causal connection between Arpaio and the alleged constitutional ... violations.Read the full opinion on CourtListener →
Section 1983 requires personal involvement for damages liability and permits liability for direct participation in a constitutional violation.
Victory v. Pataki · filed 2016-02-01
“Personal involvement may be shown by “direct participation,” which requires in this context “intentional participation in the conduct constituting a violation of the victim’s rights by one who knew of the facts rendering it illegal.” Provost v. City of Newburgh, 262 F.3d 146, 155 (2d Cir.2001) (footnote omitted).”Read the full opinion on CourtListener →
Section 1983 claims against individual officials cannot proceed without evidence of their involvement in the alleged misconduct.
Lawman v. City & County of San Francisco · filed 2016-02-05
In his opposition, Lawman failed to provide any evidence of the involvement of Sheriff Hennessey, Chief Suhr, Sergeant Gutierrez, or Sergeant Tom, and does not appear to oppose Defendants’ motion for summary judgment as to those individuals. Accordingly, summary judgment is granted as to all claims against them.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged constitutional violation for individual liability.
Cass v. City of Abilene · filed 2016-02-24
With no evidence that Standridge was involved in the acts that allegedly violated Cass’s constitutional rights, Standridge cannot be liable under § 1983, and he is therefore entitled to qualified immunity on all of Appellants’ claims against him.Read the full opinion on CourtListener →
Section 1983 requires more than an allegation that a supervisor received reports of wrongdoing to establish personal involvement.
Samuels v. Fischer · filed 2016-03-02
Ample Second Circuit case law makes clear that a plaintiff does not state a claim where he alleges only that a supervisory official received reports of wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional violation or conduct that caused it.
Jones v. Special Commitment Center · filed 2016-03-03
Summary judgment was proper as to Jones’ claims against defendants Dubble and Nerio, and his water temperature, air temperature, and air quality claims against defendant Strong, because Jones failed to raise a genuine dispute of material fact as to whether these defendants were personally involved in a constitutional violation or whether their conduct caused any such violation.Read the full opinion on CourtListener →
Section 1983 requires a supervisor’s personal involvement in the alleged constitutional violation; other harassment incidents do not establish involvement in the conduct at issue.
Kennedy v. New York · filed 2016-03-04
Moreover, although the incidents cited in the Amended Complaint concerning harassment within the Assembly (id. ¶¶ 64-72) are disturbing, they do not sufficiently allege Silver’s personal involvement in the conduct at issue here. Therefore, the § 1983 claim cannot go forward against Silver.Read the full opinion on CourtListener →
Section 1983 requires factual allegations connecting each defendant’s own actions to the alleged constitutional violation.
Alston v. Wenerowicz · filed 2016-03-07
As Plaintiffs Amended Complaint does not make any factual allegations about Defendant Wenerowicz, the Court cannot reasonably infer that Wenerowicz, through his own individual actions, violated the Constitution.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in the alleged excessive force for liability.
Dukes v. Schuck · filed 2016-03-08
The District Court properly granted partial summary judgment to Murray, Bezio, and Balcer because there were no due- process violations during the disciplinary proceedings and Balcer was not personally involved in the alleged excessive use of force against Dukes.Read the full opinion on CourtListener →
A § 1983 complaint must allege how each named defendant was personally involved in the alleged violation of the plaintiff’s rights.
Williams v. Commonwealth of PA Dept of Cor · filed 2016-03-10
However, as explained by the District Court, at this stage Williams was required to amend his complaint and allege how each named defendant was personally involved in the purported violation of his rights. ... The District Court did not err in ruling that his amended complaint was deficient in this regard.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in the alleged deprivation of rights to impose liability.
Frederique v. County of Nassau · filed 2016-03-11
Based on the foregoing, Plaintiffs fail to establish that either Scholl or Rosario was personally involved with the alleged unlawful seizure of Plaintiffs’ property, and Defendants are entitled to judgment as a matter of law. Accordingly, Defendants’ motion for summary judgment is granted with respect to Plaintiffs’ claim for unlawful seizure.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation, which may be shown by responsibility for continuing a challenged policy.
Ruggiero v. Prack · filed 2016-03-11
Defendants must be personally involved in an alleged constitutional deprivation for a plaintiff to be awarded damages under 42 U.S.C. § 1983. ... Plaintiff has established enough personal involvement on the part of these defendants to survive defendants’ motion for summary judgment.Read the full opinion on CourtListener →
Section 1983 requires evidence tying an individual officer to misconduct; tangential involvement in an investigation is insufficient for individual liability.
Hill v. New Orleans City · filed 2016-03-16
An officer cannot be held ... individually liable in a § 1983 suit merely because he or she was tangentially involved in a problematic investigation; there must be some evidence tying the officer to misconduct.Read the full opinion on CourtListener →
Section 1983 permits a claim against an arresting officer for prolonged detention when the officer had a duty to secure a prompt judicial probable cause determination, even after transferring the arrestee to jail.
Webb v. Scott · filed 2016-03-22
Based on this observation, arresting officers in Utah bear responsibility for a judicial probable cause determination, and thus Murray was personally involved in Webb’s alleged prolonged detention.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that the defendant personally participated in the alleged violation.
Galindo v. Gentry · filed 2016-03-30
This is insufficient to create liability under § 1983; the “plaintiff must show the defendant personally participated in the alleged violation.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation.
Gilson v. Pennsylvania State Police · filed 2016-03-30
Because a § 1983 claim must be premised on the personal involvement of the individual defendant in the alleged constitutional violation, ... Plaintiff’s complaints about the arbitrator's conduct in arbitration proceedings cannot serve as a basis for liability on the part of any of the individuals named as Defendants in Count 1.Read the full opinion on CourtListener →
Section 1983 requires each individual defendant to have participated in the alleged constitutional deprivation.
La Playita Cicero, Inc. v. Town of Cicero · filed 2016-03-30
Additionally, each defendants’ potential liability must be considered independently because an individual cannot be held liable in a § 1983 action unless he or she participated in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a prison official’s personal involvement in the alleged constitutional violation, and supervisory liability cannot rest on respondeat superior.
DeJesus v. Bradt · filed 2016-03-31
In order to bring a § 1983 claim against a prison official, “a plaintiff must allege that individual’s personal involvement. ...” Ippolito v. Goord, No. 05-CV-6683 (MAT), 2012 WL 4210125, at *7 (W.D.N.Y. Sept. 19, 2012). Furthermore, “supervisor liability in a § 1983 action depends on a showing of some personal responsibility, and cannot rest on respondeat superior.” Hernandez v. Keane, 341 F.3d 137, 144 (2d Cir.2003).Read the full opinion on CourtListener →
Section 1983 requires a government official’s personal involvement in the alleged harm; membership in the responsible agency alone does not establish liability.
Herrera v. Finan · filed 2016-03-31
She cannot successfully sue the Commissioners under § 1983 merely for being part of the CHE while other individuals, not party to this litigation, were making putatively , unconstitutional decisions without the Commissioners’ knowledge or direction.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in an alleged constitutional deprivation before damages can be awarded.
DeVecchis v. Scalora · filed 2016-03-31
“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.” ... Plaintiffs have failed to raise a genuine dispute as to whether the Middletown Defendants were personally involved in the alleged deprivation.Read the full opinion on CourtListener →
Section 1983 requires allegations against an individual defendant to state a claim against that person.
Omran v. Metrejean · filed 2016-04-07
Additionally, Omran fails to state a claim against Sheriff Prator, because he makes no allegations against him.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal involvement in the deprivation of civil rights.
Adams v. Santa Barbara Cottage Hospital · filed 2016-04-11
Nevertheless, Adams failed to allege that Crable was personally involved in the deprivation of her civil rights, a prerequisite to applying Section 1983 liability.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that the defendant’s own conduct deprived the plaintiff of a federal right.
Blair v. City of Hannibal · filed 2016-04-13
However, the Court need not decide this issue because Plaintiffs have not alleged Redflex engaged in any conduct which deprived Plaintiffs of a constitutionally-protected federal right.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation.
Bradley v. West Chester University of the Pennsylvania State System Higher Education · filed 2016-04-19
Plaintiff has largely failed to heed the Court’s instruction or satisfy the Third Circuit’s standard. Plaintiffs Amended Complaint retains all Defendants from the original Complaint except for Ginger Coleman, yet it does not in any meaningful way specify how each Defendant purportedly violated Plaintiffs constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant was personally involved in the alleged wrongdoing.
Robinson v. Wetzel · filed 2016-05-03
Under 42 U.S.C. § 1983, a plaintiff must demonstrate that each defendant was personally involved in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in an alleged constitutional violation for liability.
Gomez v. City of New York · filed 2016-05-05
Croce is entitled to summary judgment because there is no suggestion that he was personally involved in the alleged constitutional violations: he simply responded to the accident and collected information, which he memorialized in a report. See Black v. Coughlin, 76 F.3d 72, 74 (2d Cir.1996) (§ 1983 requires “direct participation, or failure to remedy the alleged wrong after learning of it, or creation of a policy or custom under which unconstitutional practices occurred, or gross negligence in managing subordinates”).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing officials in their individual capacities to allege that they were personally responsible for the constitutional violation.
Powell v. Town of Georgetown · filed 2016-05-19
As an initial matter, the Court notes that Powell has not asserted a valid claim against the individually named Town Council defendants. To state an individual capacity suit against officials under § 1983, a plaintiff must allege that the named defendants are personally responsible for the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the deprivation of federal rights for individual liability.
Gannaway v. Prime Care Medical Inc · filed 2016-06-13
He also did not allege that two PrimeCare Medical employees named in his complaint, Paula Dillman and Victoria Gessner, were personally involved in the deprivation of his federally protected rights.Read the full opinion on CourtListener →
Section 1983 requires evidence connecting each individual defendant to the alleged constitutional deprivation.
Koshelnik v. D.s.h.s. · filed 2016-06-20
The appellants failed to provide evidence connecting each individual defendant to the repetitive efforts to terminate rights that are alleged to be a constitutional deprivation. We hold the trial court did not err when it granted the Department’s motion for summary judgment on appellants’ § 1983 substantive due process claims.Read the full opinion on CourtListener →
Section 1983 permits a claim against a warden to proceed when evidence supports his personal responsibility for unconstitutional prison conditions; knowledge of subordinates’ misconduct alone is insufficient.
Gray v. Hardy · filed 2016-06-24
The grievance and response are thus sufficient to create a triable issue of fact on deliberate indifference. ... knowledge of subordinates’ misconduct is not enough for liability. ... Regardless, Gray alleges that Hardy not only knew about the problems but was personally responsible for changing prison policies so that they would be addressed.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plead that each government official defendant violated the Constitution through that official’s own actions.
Clark v. Fallin · filed 2016-06-28
Because Mr. Clark is bringing his claims pursuant to § 1983, his Amended Complaint “must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009).Read the full opinion on CourtListener →
Section 1983 requires proof that each defendant caused the deprivation of rights for which the plaintiff seeks to hold that defendant liable.
White v. Ricky Bell · filed 2016-07-07
The requirement of causation must be proven with respect to each defendant that the plaintiff seeks to hold liable.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the alleged constitutional violation; supervisory knowledge and acquiescence must be alleged with particularity.
Walker v. Glunt · filed 2016-07-11
Walker has not alleged Braumbaugh’s knowledge and acquiescence with the required particularity, nor has Walker offered evidence tending to show that Braumbaugh had the necessary level of involvement in the underlying allegedly unconstitutional conduct for the claim against him to survive summary judgment.Read the full opinion on CourtListener →
Section 1983 may hold a prison official liable for knowingly failing to respond to a grievance that alerts the official to an ongoing constitutional violation.
Henderson v. Muniz · filed 2016-07-20
However, where a grievance puts a prison official on notice of an ongoing violation, the prison official’s knowing failure to respond to an inmate’s request for help may establish § 1983 liability.Read the full opinion on CourtListener →
Section 1983 liability requires personal involvement in a violation or acts causally connected to it.
McCann v. Sondra Moreno and Vicky Crumbliss · filed 2016-07-21
“Only those personally involved in the violation or whose acts are causally connected to it may be liable in a section 1983 action.” ... We agree with appellees that McCann has produced no evidence that Crumbliss was personally involved in the alteration or administration of his treatment plan so as to have caused a retaliatory adverse act.Read the full opinion on CourtListener →
Section 1983 requires evidence tying a violation to each defendant’s own actions; generalized evidence about a group is insufficient to establish personal liability.
A.M. Ex Rel. F.M. v. Holmes · filed 2016-07-25
This lack of particularized evidence is simply not sufficient to support liability under § 1983, or to defeat Ms. Holmes’s claim of qualified immunity.Read the full opinion on CourtListener →
Section 1983 requires evidence tying each defendant’s own actions to the alleged violation; collective allegations do not establish personal liability.
A.M. v. Holmes · filed 2016-07-25
This lack of particularized evidence is simply not sufficient to support liability under § 1983, or to defeat Ms. Holmes’s claim of qualified immunity.Read the full opinion on CourtListener →
Section 1983 permits an officer to be held individually liable only for the officer's own actions.
Davis v. Butler County, Ohio · filed 2016-07-27
Instead, an officer’s individual liability under § 1983 must be assessed based on his or her own actions.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged wrongdoing to hold an individual defendant liable.
Marshall v. City of New York · filed 2016-08-03
In any event, there is no allegation, let alone evidence, that Locke was involved in or knew of any wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged constitutional violation.
Valentine Underwood v. Gonzalez · filed 2016-08-05
The district court properly dismissed Underwood’s retaliation claim related to his gang validation because Underwood failed to allege facts sufficient to show that defendant Turmezi had knowledge of Underwood’s protected conduct or that the remaining defendants personally participated in the gang validation process.Read the full opinion on CourtListener →
Section 1983 personal liability may proceed when a reasonable juror could find that an official was personally involved in the alleged constitutional violation.
Moody v. Michigan Gaming Control Board · filed 2016-08-15
A reasonable juror could conclude that both Lessnau and Ernst were personally involved in the alleged due process violation. Accordingly the defense is denied as to these two defendants.Read the full opinion on CourtListener →
A § 1983 First Amendment retaliation claim must plausibly connect the defendant’s conduct to the plaintiff’s harm.
Oszust v. Town of St. John · filed 2016-08-30
Oszust’s complaint offers no indication of how he believes Turturillo harmed him for exercising his First Amendment rights.Read the full opinion on CourtListener →
Section 1983 requires evidence that each individual defendant personally violated the plaintiff’s rights.
France v. Lucas · filed 2016-09-07
Yet in a suit under 42 U.S.C. § 1983, plaintiffs must provide evidence that each individual defendant personally violated their rights. The plaintiffs have not provided that evidence with respect to Metcalf, Mayer, Faith, or Sheldon, and so those officers and Richland County cannot be liable under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in a constitutional deprivation; individual liability cannot rest solely on a subordinate’s conduct.
Griffin v. Wexford Health Sources, Inc. · filed 2016-09-09
Individual liability under § 1983 thus cannot be based on a theory of re-spondeat superior.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the challenged action.
Williams v. Hansen · filed 2016-09-20
The judge dismissed some of the defendants at the outset of the case; their dismissal was justified because they hadn’t been involved in the decision to confiscate the certificate.Read the full opinion on CourtListener →
Section 1983 claims against individual defendants require specific allegations of their personal involvement.
Raus v. Town of Southampton · filed 2016-09-21
The district court dismissed Raus’s claims against those individuals because her complaint lacks any specific allegation of their personal involvement, and we affirm that dismissal for the same reason.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to plausibly connect each defendant’s conduct to the alleged deprivation of federal rights.
Torres-Lopez v. Garcia-Padilla · filed 2016-09-21
Defendants challenge the complaint on this basis, arguing that Plaintiff failed to plausibly plead a connection between the actions undertaken by Rua-Jovet and the purported violation of her First Amendment rights. Docket No. 70 at p. 14. In her opposition, Plaintiff merely reiterates the allegations found in her complaint, specifically, that Rua-Jovet “accepted his appointment and has been acting as designated Chair since....” Docket No. 74 at p. 10. This alone does not pass muster.Read the full opinion on CourtListener →
Section 1983 may impose personal liability on a prison administrator when an inmate’s correspondence gives the administrator sufficient knowledge of a constitutional deprivation.
Arce v. Barnes · filed 2016-09-22
The district court was too hasty in dismissing this claim. “An inmate’s correspondence to a prison administrator may … establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge of a constitutional deprivation.” Perez v. Fenoglio, 792 F.3d 768, 781–82 (7th Cir. 2015).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege wrongful conduct by the named defendant; conduct attributed only to another entity cannot support a claim against that defendant.
Valenzuela v. Scottsdale Healthcare · filed 2016-09-27
Deliberate indifference to an inmate's serious medical needs, including a denial or delay of access to medical care, may violate the inmate's constitutional rights and may support a cause of action under 42 U.S.C. § 1983 (2012). ... Valenzuela's complaint, however, alleges no wrongdoing by Scottsdale Healthcare. Instead, her complaint alleges conduct and/or statements by the "City of Scottsdale." Because Valenzuela's complaint alleges no wrongful conduct by Scottsdale Healthcare, she is unable to show that her claim is meritorious, and the ... superior court did not err by denying her motion for relief pursuant to Rule 60(c).Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability; a plaintiff must plead that each defendant violated the Constitution through that defendant’s own actions.
Savage v. Fallin · filed 2016-09-27
Moreover, because § 1983 does not impose vicarious liability, “a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” Iqbal, 556 U.S. at 676.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant caused the deprivation of rights; a supervisory role alone is insufficient.
Lauderdale v. Illinois Department of Human Services · filed 2016-09-28
The Court concludes that Plaintiffs individual claim against Governor Quinn under § 1983 fails because the Plaintiff has not shown that Governor Quinn had any involvement in the decision. “Because § 1983 does not allow actions against individuals merely for their supervisory role of others, individual liability under 42 U.S.C. § 1983 can only be based on a finding that the defendant caused the deprivation at issue.”Read the full opinion on CourtListener →
An officer’s indirect participation in a search and seizure can establish personal involvement in a § 1983 claim.
Clark v. Bridges · filed 2016-09-30
The Court agrees with the Magistrate Judge that Abernathy and Scott’s participation in the search and seizure is sufficient evidence upon which a reasonable juror could conclude that they were personally involved, even if indirectly.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s conduct and the alleged deprivation of rights; bare allegations against all defendants do not establish an individual defendant’s responsibility.
Spencer v. Lombardi · filed 2016-10-04
Moreover, “[l]iability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... Spencer, in making bare assertions that he has been deprived of constitutional rights, failed to include any allegations ... showing how Lombardi was in any way responsible for the alleged deprivations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in, or conduct causing, a constitutional violation.
Fairley v. Shelton · filed 2016-10-05
Moreover, summary judgment was proper on Fairley’s claim that Gower and defendants Hoefel, Peters, Morrow, and Franke were deliberately indifferent to his serious medical needs because Fairley failed to raise a genuine dispute of material fact as to whether these defendants were personally involved in a constitutional violation or whether their conduct caused any such violation.Read the full opinion on CourtListener →
Section 1983 does not impose false arrest liability on an officer who was not personally involved in the arrest.
Williams v. Carpenter · filed 2016-10-05
Since Carpenter clearly was not personally involved in plaintiffs arrest, she cannot be held liable for false arrest.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; liability cannot rest solely on respondeat superior.
Knox v. Secretary Department of Correc · filed 2016-10-20
Because this is an action under § 1983, Knox cannot rely solely on respondeat superior as a theory of liability; rather, he must show that the defendants were personally involved in his medical treatment by alleging personal direction, actual knowledge, or acquiescence.Read the full opinion on CourtListener →
Section 1983 liability requires a defendant’s personal participation in a constitutional deprivation or a sufficient causal connection to it.
Revis v. Roche · filed 2016-11-02
The district court properly granted summary judgment for defendant Roche because Revis failed to raise a genuine dispute of material fact as to whether Roche was deliberately indifferent in providing post-operative care or otherwise personally participated in the deprivation of his constitutional rights. See id. at 1057 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health); see also Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (a supervisor is liable under § 1983 only if he or she is personally involved in the constitutional deprivation or there is a “sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation” (citation and internal quotation marks omitted)).Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the challenged constitutional violation.
Covey v. Assessor of Ohio County · filed 2016-11-21
Because there is no evidence that Hoffman and Crews were involved in the challenged search, we affirm summary judgment for Hoffman and Crews.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged wrongdoing; denying a grievance or appeal alone does not establish it.
Walker v. Mathis · filed 2016-12-06
Regarding defendants Kerschner, Link, and Varner, Walker has failed to allege that their involvement in this matter extended beyond their denial of his grievance and subsequent appeal.Read the full opinion on CourtListener →
Section 1983 permits a claim against a state official alleged to have personally carried out a discriminatory firing that states a federal civil rights claim.
Hetherson v. Massachusetts Executive Office of Public Safety & Security · filed 2016-12-07
Because the original complaint stated a federal civil rights claim against the agency Defendants for firing Plaintiff, it follows that the proposed Amended Complaint states such a claim against Cabral, who, it is now clearly alleged, was the state official who actually did the firing.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for a damages claim.
Allen v. Antal · filed 2016-12-14
Allen’s federal claims against the individual county defendants were properly dismissed because Allen failed to allege their “personal involvement” in his false arrest, false imprisonment, illegal search and seizure, malicious prosecution, abuse of process, unjust conviction, and assault and battery claims.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged wrong; officers who did not participate in a search are not liable for it.
Rance Strunk, Sr. v. East Coventry Township Police · filed 2016-12-20
In particular, we agree that the Appellants could not sustain their claims of an illegal search against Officers Jason and Greenwalt because they did not actively participate in the search of the home. Rather, other officers not named in the action executed the search. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (liability under § 1983 requires personal involvement in the alleged wrongs).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to adequately allege each defendant’s personal participation in a constitutional violation.
Pemberton v. Patton · filed 2016-12-21
In § 1983 cases, a plaintiff must adequately allege each defendant’s personal participation in a constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a showing that a defendant personally participated in the alleged deprivation of rights.
Carlson v. Duffy · filed 2016-12-23
The district court properly granted summary judgment because Carlson failed to raise a genuine dispute of material fact as to whether defendants personally participated in the alleged rights deprivation.Read the full opinion on CourtListener →
Section 1983 requires facts showing each individual defendant’s personal involvement in a constitutional violation.
Davis v. Folsom Cordova Unified School District · filed 2017-01-09
To state a claim for relief, Davis was required to allege facts demonstrating each individual’s personal involvement in a constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each individual defendant’s personal involvement in a constitutional violation.
Richard Davis, III v. Usd · filed 2017-01-09
The district court also properly dismissed the § 1983 claims against Ms. Bettencourt, Ms. Botsford, and Ms. Schultz in their individual capacities. To state a claim for relief, Davis was required to allege facts demonstrating each individual’s personal involvement in a constitutional violation.Read the full opinion on CourtListener →
A § 1983 claim against a prison official requires personal involvement; failure to respond to grievances alone is insufficient.
Ramey v. Mellow · filed 2017-01-10
First, Ramey did not allege that N. Smith, a “health service administrator,” had any personal involvement with respect to his injury or medical treatment, instead basing the claim on Smith’s failure to respond to his grievances. This is insufficient to state a claim and, as the record reveals no other claim Ramey could submit against Smith, denial of leave to amend was also proper.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation; denying grievances does not establish liability for medical care in which the defendant was not involved.
Foye v. Wexford Health Sources Inc · filed 2017-01-10
Foye has also failed to state a claim against the Corrections Defendants in their individual capacities. He alleged that the Corrections Defendants violated his Eighth Amendment rights by denying his inmate request slip, grievances, and administrative appeals, but he did not allege that any of the Correctional Defendants were personally involved in his medical care.Read the full opinion on CourtListener →
A Section 1983 complaint must allege facts connecting each defendant’s conduct to the claimed rights violation.
Irizarry-Robles v. Rodriguez · filed 2017-01-18
Irizarry alleges sufficient facts, however, to allow for a plausible inference that each of the defendants was involved with his dismissal in violation of the First Amendment. He adequately identifies each defendant’s culpable conduct and connects it to his claims.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged unconstitutional conduct to hold a defendant liable in an individual capacity.
Wells v. Hense · filed 2017-01-24
The complaint does not contain any facts suggesting that Hense played any personal role in the allegedly unconstitutional acts, and § 1983 does not impose liability absent individual involvement in the allegedly illegal conduct.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the alleged wrongdoing.
Israel v. Pierce · filed 2017-01-25
Further, the evidence of record does not support a finding that either defendant had personal involvement in plaintiffs removal from his work assignment or ultimate termination, a necessary element of his § 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant was personally involved in the alleged deprivation.
Paul Begnoche, Sr. v. Warden D.L. DeRose · filed 2017-01-26
Nor did he demonstrate that Czaja or Venneri had been personally involved in the purported harassment, see Rode, 845 F.2d at 1207, or allege that the verbal abuse was accompanied by any physically intrusive behavior.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation; involvement in placing a plaintiff on leave does not establish involvement in an earlier arrest.
Frederick v. New York · filed 2017-02-03
Accordingly, Count VI as against Burrows fails for lack of alleged personal involvement, see Colon, 58 F.3d at 873, and is dismissed as to Defendant Burrows without prejudice.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged use of excessive force.
Cruz v. City of New York · filed 2017-02-08
Cruz’s failure to adduce evidence of Donnelly’s personal involvement in any use of excessive force requires granting summary judgment for Donnelly on the § 1983 excessive force claim against him.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged retaliation.
Pepe v. Marirosa Lamas · filed 2017-02-16
To the extent that Pepe sought to bring a retaliation claim against the other prison officials named as defendants, the District Court dismissed the claim against those individuals on the basis that Pepe failed to show that they were personally involved in either the filing of the misconduct charge or in the refusal to reinstate him into his previous job assignment. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). That conclusion was correct.Read the full opinion on CourtListener →
Section 1983 liability requires the defendant’s personal participation in the challenged conduct.
Dennison v. Ryan · filed 2017-02-23
The district court properly dismissed Dennison’s claims against defendants Canteen Correctional Services and Trinity Correctional Services. They did not participate in creating the vegan meal policy. See Belanus v. Clark, 796 F.3d 1021, 1024 (9th Cir. 2015) (setting forth standard of review); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires personal participation by the defendant).Read the full opinion on CourtListener →
Section 1983 requires an inmate to show that an individual defendant was personally responsible for the alleged constitutional violation.
Rasho v. Elyea · filed 2017-03-07
But in order to hold an individual defendant liable under § 1983 for a violation of an inmate’s constitutional rights, the inmate must show that the defendant was personally responsible for that violation.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant was personally involved in the alleged wrong.
Price v. City of Philadelphia · filed 2017-03-07
As there are no facts in the record suggesting that Officer Little had any “personal involvement in the alleged wrongs,” Rode, 845 F.2d 1195 at 1207-08, the Court will grant Defendants’ motion for summary judgment with respect to Plaintiffs unreasonable search and seizure claim against Officer Little.Read the full opinion on CourtListener →
Section 1983 requires personal participation for individual liability; mere presence at the scene of a rights violation is insufficient.
Adkins v. Corrections Corp. of America · filed 2017-03-14
The district court therefore properly dismissed as a matter of law all § 1983 claims except for those supported by evidence which identified an individual Defendant as having participated in the alleged beating of a particular Plaintiff.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal participation in the alleged constitutional violation.
Sands v. California Department of Corrections & Rehabilitation · filed 2017-03-17
The district court properly dismissed Sands’ action because the California Department of Corrections and Rehabilitation, as a state agency, is immune from suit under the Eleventh Amendment, see Brown v. California Dep’t of Corr., 554 F.3d 747, 752 (9th Cir. 2009), and Sands failed to allege facts sufficient to show that defendants Swift and Marsh personally participated in the alleged constitutional violations, see Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (setting forth requirements for establishing supervisory liability under § 1983); Jones v. Williams, 297 F.3d 930, 934-35 (9th Cir. 2002) (“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 . . . .”).Read the full opinion on CourtListener →
Section 1983 requires facts showing that a defendant was personally involved in or causally connected to the alleged rights deprivation.
Campbell v. Beard · filed 2017-03-17
The district court properly dismissed Campbell’s claims against defendants Beard, Holland, Zamora, Sandor, Nouwels, and Abernathy because Campbell failed to allege facts sufficient to show that these defendants were personally involved or causally connected to the housing assignment.Read the full opinion on CourtListener →
Section 1983 claims against supervisors require allegations of their direct or personal involvement in the alleged violation.
Drumgo v. Kuschel · filed 2017-03-27
Drumgo never alleged that the supervisors named in his complaint had direct or personal involvement in the incident, so these claims were frivolous.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation to hold an individual defendant liable.
Lewis v. Roosevelt Island Operating Corp. · filed 2017-03-28
First, to hold an individual liable for a violation of § 1981 or § 1983, the plaintiff must show that the individual was “personally involved in the alleged deprivation.” Littlejohn, 795 F.3d at 314 (citation and internal quotation marks omitted).Read the full opinion on CourtListener →
Section 1983 plaintiffs must identify what each defendant did; collective allegations do not give individual defendants fair notice of the claims against them.
Pompeo v. Board of Regents of University of New Mexico · filed 2017-03-28
But she does not identify who made clear to her that she was “banned” or what was said to give her this impression. We have previously explained that § 1983 plaintiffs must “make clear exactly who is alleged to have done what to whom, to provide each individual with fair notice as to the basis of the claims against him or her, as distinguished from collective allegations against the state.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show a defendant's personal involvement in the alleged constitutional violation through personal direction or actual knowledge and acquiescence pleaded with appropriate particularity.
Clouser v. Johnson · filed 2017-04-03
First, we agree with the District Court that Clouser failed to put forth sufficient evidence to create a genuine factual issue concerning whether Johnson was personally involved in the alleged unlawful seizure of his packages, substantially for the reasons set forth in the District Court’s opinion. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (“Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence. Allegations of participation or actual knowledge and acquiescence, however, must be made with appropriate particularity.”). Clouser did not produce evidence of actual knowledge, even if mere acceptance of the packages could be considered acquiescence. Clouser’s assertion that Johnson must have known the seizure was potentially unlawful is only speculation and lacks factual support. Clouser’s first argument on appeal therefore fails.Read the full opinion on CourtListener →
A § 1983 plaintiff must show that each defendant was personally involved in the alleged constitutional violation.
Boley v. Durets · filed 2017-04-14
To establish a § 1983 claim, a plaintiff must show the defendants’ personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s direct involvement in the alleged deprivation to hold that defendant liable.
Mrazek v. Puisis · filed 2017-04-14
Finally, with regard to the grant of summary judgment to Dr. Shicker, we cannot consider Mrazek’s argument because he has not introduced into the record the email in question or any evidence suggesting that Dr. Shicker was directly involved in his medical care.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only on a person who personally participated in the alleged civil rights violation.
Nichols v. Fernandez · filed 2017-04-14
Since an individual can be held liable under 42 U.S.C. § 1983 only if that individual personally participated in the alleged civil rights violation, Jones v. Williams, 297 F.3d 930, 934–35 (9th Cir. 2002), the district court also did not err when it granted summary judgment in favor of Officers Gil Fernandez and Matthew Beard.Read the full opinion on CourtListener →
Section 1983 permits a claim against officials who personally participated in decisions that allegedly deprived someone of constitutional rights.
Latson v. Clarke · filed 2017-04-20
However, I find that he has pleaded enough facts regarding the involvement of the individual defendants to state plausible claims against them pursuant to § 1983. The plaintiff has alleged that Robi-chaux and Jarvis personally reviewed and approved decisions regarding his segregation and treatment, which plausibly includes decisions about his medical care and the failure to provide a pre-segregation hearing.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant’s conduct caused the alleged deprivation of rights.
Sidney Jenkins, III v. Campose · filed 2017-04-21
The district court properly granted summary judgment on Jenkins’s free exercise claim against Aiyeku and Young because Jenkins failed to raise a genuine dispute of material fact as to whether these defendants engaged in any conduct that caused a deprivation of his free exercise rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the alleged constitutional violation.
Hinkley v. Jessee · filed 2017-04-21
Summary judgment was proper as to Hinkley’s claims against defendants Knight and Shumate because Hinkley failed to raise a genuine dispute of material fact regarding whether these defendants personally participated in the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 does not make prison administrators liable merely because they deny an inmate’s grievances.
Carl Gallo, Jr. v. Stokes · filed 2017-04-24
But as the judge explained, prison administrators who handle inmate grievances are not liable simply because they deny some of the grievances.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant to the challenged conduct.
Nyland v. Calaveras Cty. Sheriff's Jail · filed 2017-04-24
The district court properly dismissed Nyland’s First Amendment retaliation claim against all defendants, except defendant Bailey, because Nyland failed to allege facts sufficient to show that defendants other than defendant Bailey were involved in his transfer to administrative segregation.Read the full opinion on CourtListener →
A § 1983 claim against an officer requires personal involvement in the alleged wrong.
Tisdale v. City of Philadelphia · filed 2017-05-01
Before applying this law, we note that Detective Sherwood was not involved in the probable cause calculation or Appellant’s arrest. We therefore agree with the District Court that the § 1983 claim against him must be dismissed.Read the full opinion on CourtListener →
A § 1983 plaintiff must link an alleged constitutional violation to a particular defendant.
Robert Lee Stunzig, Jr. v. Koch · filed 2017-05-03
Stunzig also fails to state a claim for due process violations because he did not link a particular defendant to these violations.Read the full opinion on CourtListener →
Section 1983 requires an inmate seeking to hold an individual defendant liable to show that the defendant was personally responsible for the constitutional violation.
Rasho v. Elyea · filed 2017-05-05
But in order to hold an individual defendant liable under § 1983 for a violation of an inmate’s constitutional rights, the inmate must show that the defendant was personally ... responsible for that violation.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement to state a claim against that defendant in a personal capacity.
Bohannan v. Griffin · filed 2017-05-19
As the district court concluded, he failed to state a claim against the defendants in their personal capacities because he did not allege facts showing that they were personally ... involved in the complained-of conduct.Read the full opinion on CourtListener →
Section 1983 permits damages against an individual only for that person's own conduct.
Toth v. Bethel Township · filed 2017-05-24
Finally, because under § 1983 an individual is only liable for damages based on his or her own personal conduct, I address whether any of ... the specific conduct by the Officials here violated Toth’s rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing before the defendant can be liable for monetary damages.
Coppolino v. Commissioner Pennsylvania State Police · filed 2017-05-25
And Coppolino makes no allegation that Commissioner Noonan was personally involved in the alleged wrongdoing, as he must be before he can be on the hook for monetary damages under § 1983.Read the full opinion on CourtListener →
Section 1983 requires evidence of an individual defendant’s personal involvement in the alleged constitutional deprivation before damages may be awarded against that defendant.
Komondy v. Gioco · filed 2017-05-25
Absent sufficient evidence of Brown’s personal involvement as an individual defendant in the alleged constitutional deprivation, Plaintiff cannot receive an award of damages from her under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a government defendant’s personal involvement in the alleged wrongdoing; reviewing a prison grievance after the fact does not establish it.
S. Martin v. N. Giroux, Sgt. Maloney, M. Kosinski and D. Varner · filed 2017-05-26
Moreover, prisoners have no constitutionally-protected right to a grievance procedure and participation in the after-the-fact review of a grievance or appeal is not enough to establish personal involvement for purposes of § 1983.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant personally participated in the alleged violation.
Holdridge v. Blank · filed 2017-06-01
But this evidence is simply insufficient to satisfy the “personal participation” requirement of a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing how defendants were involved in a constitutional violation, either directly or through their implementation of specific policies.
Ellason v. Texas Department of Criminal Justice Correctional Institutions Division · filed 2017-06-06
Moreover, Ellason’s arguments on appeal are, like his complaint, fatally vague and conclusional, being unsupported by legal and factual analysis that would show how these defendants were involved, either directly or through their implementation of specific policies, in the violation of Ellason’s constitutional rights.Read the full opinion on CourtListener →
Individual liability under § 1983 requires allegations that each government official violated the Constitution through that official’s own actions.
Steele-Klein v. International Brotherhood of Teamsters, Local 117 · filed 2017-06-06
Neither King County nor King County Elections (Steele-Klein’s employer) are currently parties or proposed parties to this suit, and Steele-Klein has not identified how Constantine, individually, retaliated against her. See Hydrick v. Hunter, 669 F.3d 937, 942 (9th Cir. 2012) (“[T]o establish individual liability under 42 U.S.C. § 1983, ‘a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.’” (quoting Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009))).Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the alleged constitutional violation.
Burke v. State of New Mexico · filed 2017-06-08
As we have already made clear, § 1983 requires “personal involvement in the alleged constitutional violation.” Brown, 662 F.3d at 1163.Read the full opinion on CourtListener →
Section 1983 does not impose liability on a prison official for a restrictive housing decision made by another official.
Townsend v. Hardy · filed 2017-06-13
The plaintiff’s claims against Hardy fail, as a matter of law, for two reasons. First, the record reflects that it was the deputy warden of the prison, not Hardy, who ordered that the plaintiff be remanded to restrictive housing when he refused to sign the document stating that he no longer feared for his safety.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged discrimination for liability.
Davis v. State of New York Department of Corrections · filed 2017-06-13
As to the racist graffiti, despicable as it is, there is no evidence in the record that McAnney or Canfield were personally involved, so they cannot be held liable under § 1983.Read the full opinion on CourtListener →
A § 1983 claim against a sheriff requires evidence that he was personally involved in the alleged deprivation of civil rights.
Pederson v. Klamath County · filed 2017-06-15
Because Pederson failed to “show [Sheriff Evinger] was personally involved in the deprivation of [her] civil rights,” summary judgment on the § 1983 claim against him was independently warranted.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in the constitutional violation to be liable.
Hamilton v. City of New Albany · filed 2017-06-16
A defendant must have personally participated in a violation of the Constitution to be liable under § 1983, Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009), and Hamilton never introduced any evidence that Smith or Burger was involved in seizing his property.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of rights.
Barndt v. Wenerowicz · filed 2017-06-19
Although Barndt does not expressly appeal this District Court order, we have nevertheless reviewed it and conclude that dismissal is appropriate with regard to: several of the named defendants for lack of personal involvement, see Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988); his interference with grievance procedure claims, see Massey v. Helman, 259 F.3d 641, 647 (7th Cir. 2001) (“[T]he existence of a prison grievance procedure confers no liberty interest on a prisoner.”); his allegation that Williams confiscated two photos of his “light-skinned” grandson, see Tillman v. Lebanon Cty. Correc. Facility, 221 F.3d 410, 422 (3d. Cir. 2000) (finding no constitutional violation where prison’s grievance procedure provides adequate post-deprivation remedy); and his claim that he did not see a psychiatrist before being placed in a psychiatric observation cell, see, e.g., Gay v. Turner, 994 F.2d 425, 427 (8th Cir. 1993) (per curiam) (holding that temporary transfers, unlike indefinite psychiatric commitment, do not constitute major changes in conditions of confinement amounting to grievous loss, which would require procedural protections).Read the full opinion on CourtListener →
Section 1983 requires evidence connecting individual defendants to the alleged violation through their own decisions or their direction or supervision of subordinates.
Williams v. Claudia Balducci, Et Ano. · filed 2017-06-19
Nothing in the record suggests that either Dr. Sanders or Balducci made any intentional decisions regarding the conditions of Williams' confinement or that they directed or supervised any subordinates who may have violated Williams' constitutional rights.Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability; each public employee defendant must have violated the Constitution through her own actions.
Aguilar v. Gaston-Camara · filed 2017-06-28
As the district court properly recognized, § 1983 does not establish a system of vicarious liability; a public employee’s liability is premised on her own knowledge and actions, and therefore requires evidence that each defendant, through her own actions, violated the Constitution.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege how each government official’s own actions violated the plaintiff’s rights; allegations about defendants’ collective conduct are insufficient.
Quiñones-Irizarry v. Corporación del Fondo del Seguro del Estado · filed 2017-06-29
A plaintiff invoking section. 1983, however, “must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Quiñones seeks to hold' all defendants liable for their overall pattern of conduct, which, along with his failure to articulate a cause of action, does not notify Estrada of the claims against her.Read the full opinion on CourtListener →
Section 1983 requires proof that an official sued for damages violated the Constitution through his own actions.
Kaur v. City of Lodi · filed 2017-06-30
As Defendant Helms correctly observed, it is an essential element of a Section 1983 claim seeking damages against a government official that the government official be shown to have violated the constitution by his own actions.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was liable for executing a search warrant, including integral participation by an individual defendant.
Shock v. Las Vegas Metropolitan Police Department · filed 2017-07-05
The district court properly granted summary judgment because Shock failed to raise a genuine dispute of material fact as to whether the search warrant was not supported by probable cause or whether defendants were liable for the execution of the warrant. See id. (setting forth probable cause standard under the Fourth Amendment); Boyd v. Benton County, 374 F.3d 773, 780 (9th Cir. 2004) (explaining that “integral participation” is required for liability under § 1983); Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 (1978) (setting forth requirements for municipal liability).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the conduct underlying a claim.
Rodriguez v. Garcia · filed 2017-07-11
Regarding Summerville, the district court did not err in granting summary judgment because Rodriguez does not dispute that Summerville had no involvement in his care after September 25th.Read the full opinion on CourtListener →
Section 1983 requires evidence that an individual defendant was personally involved in the alleged deprivation.
Esch v. County of Kent. Mich. · filed 2017-07-19
However, there is no evidence whatsoever in the record that Nurse Booker ever saw Stiles’ Dilantin prescription, or that she was involved in Stiles’ medical care in any way prior to his death. We therefore affirm the district court’s grant of summary judgment to Nurse Booker as well.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link between the defendant and the deprivation of rights, along with direct responsibility for that deprivation.
Church v. Missouri · filed 2017-07-24
For the same reasons, Plaintiffs have plausibly ... alleged “a causal link to, and direct responsibility for, the deprivation of -rights.”Read the full opinion on CourtListener →
Section 1983 does not impose vicarious liability on individual defendants who were not personally involved in the alleged misconduct.
Lennon v. City of Carmel, Indiana · filed 2017-07-25
With respect to the individual defendants, this is a fatal flaw because there is no vicarious liability in a suit under section 1983.Read the full opinion on CourtListener →
Section 1983 liability cannot rest solely on a prison official’s denial of an administrative grievance.
Herndon v. Heyns · filed 2017-07-25
And, although Smith denied the grievance on appeal, that denial alone cannot form the basis for a section 1983 lawsuit.Read the full opinion on CourtListener →
A § 1983 complaint sufficiently alleges officers’ personal involvement when its narrative alleges that officers present used excessive force and attached reports identify those officers.
Hardridge v. Piccinini · filed 2017-07-31
Reports of several officers attached to the complaint do not admit the use of excessive force, but show that defendants Akanuligo, Ware, Pulos, Arnold, and McElroy were the officers present at either the conference room or the cell during the times when Hardridge says that officers used excessive force. ... Liberally construing the complaint with its attachments together, see Atkinson v. Bohn, 91 F.3d 1127, 1128-29 (8th Cir. 1996) (per curiam), the complaint contains sufficient allegations that these five defendants violated Hardridge’s rights.Read the full opinion on CourtListener →
A § 1983 excessive force plaintiff need not personally identify the assailants to survive summary judgment if other evidence shows each defendant's personal involvement.
White v. Jackson · filed 2017-08-01
That does not mean however that a § 1983 excessive force plaintiff must be able to personally identify his assailants to avoid summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an individual defendant’s personal involvement in the alleged constitutional deprivation.
Brown v. Rotenberg · filed 2017-08-03
In order to state a claim for relief under § 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation. ... Accordingly, Plaintiffs claims against Koslow are dismissed for lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires facts showing that each defendant personally participated in the alleged deprivation of rights.
Austin v. Orman · filed 2017-08-16
The district court properly dismissed the action because Austin failed to allege facts sufficient to show that defendants Orman and Lessmeier personally participated in the alleged rights deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify defendants personally involved in the alleged deprivation of rights.
Bodnar v. County of Riverside · filed 2017-08-17
The district court properly dismissed Bodnar’s Eighth Amendment claims arising from medical treatment he received after the January 6, 2006 arrest because Bodnar failed to name the allegedly responsible defendants.Read the full opinion on CourtListener →
A parole officer who enforces an unconstitutional condition is personally involved in the violation for purposes of § 1983, even if others made the decision to impose it.
Doe v. Lima · filed 2017-08-31
Valerio’s enforcement of this unlawful ban is sufficient to establish his personal involvement under § 1983.Read the full opinion on CourtListener →
Section 1983 requires facts supporting a defendant’s personal involvement to hold that defendant liable in an individual capacity.
Everson v. Armstrong · filed 2017-09-08
Moreover, to the extent Everson seeks in the current action to hold Semple liable in his individual capacity as well as in his official capacity, he fails to allege any facts to support an inference that Semple was personally involved in the 2001 events giving rise to his claim.Read the full opinion on CourtListener →
A § 1983 damages claim requires facts showing each defendant’s personal involvement in the alleged constitutional deprivation.
Engles v. Mewar · filed 2017-09-27
Because Plaintiff has failed to allege personal involvement, Defendants’ motion to dismiss is granted for failure to state a claim on which relief can be granted.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for individual liability.
Hatfield v. Berube · filed 2017-09-29
Liability under 42 U.S.C. § 1983 requires personal involvement in the alleged wrongs.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; liability cannot rest solely on respondeat superior.
Damiani v. Duffy · filed 2017-10-04
As is well established, a defendant in a civil rights, action must have personal involvement in the alleged wrongs; liability cannot be predicated solely on the operation of respondeat superior. ... Accordingly, because they had no personal involvement, I will grant the motion for summary judgment filed on behalf of Kelly, Rhoades, Lano, Glenn, Grassi, Duffy, Kline, Godek, and Tsai.Read the full opinion on CourtListener →
Section 1983 requires an official sued in an individual capacity to be personally involved in the alleged deprivation; communications about a departmental policy alone do not establish that involvement.
Lewis v. Annucci · filed 2017-10-05
To the extent that plaintiff’s allegations arise from communications between plaintiff and defendants regarding a departmental policy, such communications are insufficient to establish the individual defendants’ personal involvement for purposes of 42 USC § 1983 (see Gill v Tattle, 93 Fed Appx 301, 302 [2d Cir 2004]; see also Williams v Fisher, 2015 WL 1137644, *19-21 [ND NY, Mar. 11, 2015, No. 9:11-CV-379 (NAM/TWD)]).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal participation in the deprivation of constitutional rights.
Chennault v. Morris · filed 2017-10-05
The district court properly granted summary judgment because Chennault failed to raise a genuine dispute of material fact as to whether Appellee was deliberately indifferent in providing care following Chennault’s tonsillectomy or otherwise personally participated in the deprivation of his constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing for individual liability.
Alvin T. Perkins, Jr. v. Pfister · filed 2017-10-06
As to these allegations, Perkins does not allege personal involvement by either defendant, so they could not be held liable for those events even if Perkins might have had a claim ... against guards who carried out the alleged handcuffing policy.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant's personal involvement in the alleged misconduct; respondeat superior does not establish liability.
Nicaj v. City of N.Y. · filed 2017-10-06
As "the doctrine of respondeat superior does not apply to claims under § 1983," the Court correctly dismissed Nicaj's claim when he did not identify which of the Defendants conducted a strip search of him.Read the full opinion on CourtListener →
A § 1983 claim against individual prosecutors may be amended to clarify which acts each prosecutor committed when the complaint already alleges some specific misconduct by each.
Paylan v. Dirks · filed 2017-10-11
Although she did not sufficiently attribute specific improper conduct to a specific ASA in every instance, she did raise some specific allegations against both ASA Dirks and ASA Brown.Read the full opinion on CourtListener →
Section 1983 requires facts showing a defendant’s personal involvement in the alleged deprivation of rights.
Ali v. Jones · filed 2017-10-13
Mr. Ali has not marshaled facts tending to show that any defendants had any personal involvement in denying him a Halal diet, therefore he cannot maintain a § 1983 action against them.Read the full opinion on CourtListener →
Section 1983 allows personal involvement in a retaliatory act to be established through knowledge of and acquiescence in the act.
Desmond Martin v. Gearhart · filed 2017-10-13
However, Martin need only show knowledge of and acquiescence in the retaliatory act to demonstrate involvement.Read the full opinion on CourtListener →
Notes 60301–60450 of 71,725, oldest cases first.
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