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 plaintiff to allege a defendant’s personal involvement in the claimed violation.
Talbert v. Corizon Inc · filed 2017-10-16
We agree with the District Court’s dismissal of this First Amendment retaliation claim on the basis that Talbert failed to adequately allege that any of the named defendants were personally involved in either making the threat or placing him in “medical lock-in” as a result of his refusal to undergo the tuberculosis test.Read the full opinion on CourtListener →
Section 1983 requires a state official’s direct involvement in the alleged violation; supervisory responsibility alone is insufficient.
Rawlings v. John Wetzel, Secretary of D.O.C. Robert Gilmore, Superintendent at SCI-Greene · filed 2017-10-20
In a civil rights claim under Section 1983, a state official must have direct involvement in the violation of constitutional or statutory law.Read the full opinion on CourtListener →
Section 1983 requires a defendant to participate in, control, or direct the alleged act or omission; denying a grievance can establish personal participation when the defendant made the decision at issue.
Brooks v. Colo. Dept. of Corrections · filed 2017-10-24
Defendants can incur liability under § 1983 only if they participate in, control, or direct the underlying act or omission. ... The fact that Ms. Russell’s decision came in the denial of a grievance makes no difference.Read the full opinion on CourtListener →
Section 1983 requires a causal link between the defendant’s own conduct and the deprivation of rights; transporting an arrestee to a detention center alone does not establish liability for an earlier false arrest.
Simpson v. Trooper Grant Evans · filed 2017-10-27
“Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” ... The Amended Complaint fails to state an actionable civil rights claim against Chief Tabor. There are no factual allegations suggesting that Chief Tabor was personally involved in the alleged false arrest.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the alleged constitutional deprivation to impose individual liability.
Johnson v. Lombardi · filed 2017-11-01
In reviewing the entire evidence provided by Plaintiff, the Court finds nothing to support the allegations that Defendants Lombardi, Lawrence, Bolinger, Schmutz, or Jimmerson were in any way personally involved in either the chuckhole incident, or the deliberate indifference dental claim. Therefore, each is entitled to summary judgment.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the conduct giving rise to the claim.
Hagedorn v. Cattani · filed 2017-11-07
With respect to the disorderly conduct charge, Cattani cannot be liable under § 1983 because there is no evidence to suggest—and Hagedorn does not allege—that he was in any way involved in the decision to pursue the charge.Read the full opinion on CourtListener →
Section 1983 permits liability for an official whose recommendation is sufficiently influential, even if the official is not the final decision maker.
Nailon v. Univ. of Cincinnati · filed 2017-11-09
But “an influential recommender can be liable under § 1983 without being the final decision maker, if the recommendations are shown to be sufficiently influential.” ... Viewing the disputed facts in the light most favorable to Nailon, a reasonable jury could find that they “played an influential role” in the termination and that their actions violated Nailon’s First Amendment rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation.
Brant v. Varano · filed 2017-11-16
The District Court properly granted summary judgment in favor of Superintendent Varano and Officers Deremer, Metzinger, and Kimbrel, as they did not have any personal involvement in the ... destruction of Brant’s legal materials.Read the full opinion on CourtListener →
Section 1983 requires a basis for holding each defendant personally responsible for the challenged prison conditions.
Kelley v. Buscher · filed 2017-11-17
Kelley discusses no direct involvement of James Alexander and Simone Jones in his conditions-of-confinement claims. ... In light of the foregoing, we discern no genuine dispute of material fact prohibiting summary judgment as a matter of law in favor of Jones and Alexander.Read the full opinion on CourtListener →
Section 1983 individual liability requires evidence connecting each official to the alleged discriminatory decision.
Lauderdale v. Illinois Department of Human S · filed 2017-11-30
She alleges that each person was individually responsible, at least in part, for the salary decision, yet offers no evidence that would support such a finding.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation of rights; merely informing someone of another official’s decision does not create liability.
Wilcox v. Brown · filed 2017-12-05
That Menhinick informed Wilcox of Terrell’s decision is not sufficient to create liability on the part of Menhinick.Read the full opinion on CourtListener →
A personal-capacity claim under Section 1983 requires facts showing that the official was personally involved in the alleged violation.
Norman v. Lewis · filed 2017-12-07
Clearly, the Plaintiff has not set forth a claim against Separate Defendant Montgomery in his personal capacity because he has not pleaded facts suggesting that Separate Defendant Montgomery was personally involved in the alleged delay of medical care and excessive use of force.Read the full opinion on CourtListener →
Section 1983 requires allegations of each officer’s personal involvement; individual officers are not vicariously liable for one another.
Fowler v. City of New York · filed 2017-12-14
In particular, plaintiffs’ allegations of joint and several liability are legally insufficient, as there is no vicarious liability between individual police officers in a section 1983 claim (see Smith v Michigan, 256 F Supp 2d 704, 712 [ED Mich 2003]; see also Higgins v City of New York, 144 AD3d 511, 515 [1st Dept 2016]).Read the full opinion on CourtListener →
Section 1983 requires factual allegations showing each individual defendant’s personal involvement in the alleged wrongdoing.
Whitehead v. Wetzel · filed 2017-12-19
The District Court properly dismissed all of the § 1983 claims against Defendants Barbarich, Barnacle, Gehlmann, Grubb, Hainsworth, Joseph, Lewis, Rozum, Varner, and Wetzel because the amended complaint contains no well-pled factual allegations of these individuals’ personal involvement in the alleged wrongdoing.Read the full opinion on CourtListener →
Section 1983 requires evidence that a defendant was personally involved in the alleged deprivation.
Thornton v. Godinez · filed 2017-12-19
No evidence suggests that Dr. Shepherd personally was responsible for removing the stitches but failed to do so.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to establish each individual defendant’s liability through that defendant’s own conduct.
Barkovic v. Attorney Grievance Comm'n · filed 2017-12-22
The plaintiff must establish the liability of each individual defendant by that person's own conduct.Read the full opinion on CourtListener →
Section 1983 requires a supervisory official’s personal involvement in the alleged deprivation for individual liability.
Weaver v. Mitchell · filed 2018-01-04
Pfister can be held individually liable under § 1983 only if he “caused or participated in” the alleged deprivation of Plaintiff’s Eighth Amendment rights.Read the full opinion on CourtListener →
A § 1983 claim against an individual defendant must adequately plead that defendant’s personal involvement in the alleged deprivation of rights.
Desoto v. McKay · filed 2018-01-05
Because we conclude that DeSoto’s first amended complaint fails to adequately plead McKay’s personal involvement in the alleged deprivation of DeSoto’s constitutional rights, we affirm the district court’s judgment of dismissal.Read the full opinion on CourtListener →
A prison official who orders a strip search is not liable under § 1983 for the manner in which other officers conduct it without evidence that he ordered the challenged conduct.
Lewis v. Stephens · filed 2018-01-22
We also conclude that Anderson could not be liable for the manner in which others conducted the search. To survive summary judgment on that type of Eighth Amendment claim, Lewis must supply evidence that Anderson ordered others to search him in a “harassing manner intended to humiliate and cause psychological pain.” Mays v. Springborn, 575 F.3d 643, 649 (7th Cir. 2009). He has not.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.
Carter v. Baldwin · filed 2018-02-01
Without “personal involvement” on the part of defendant Benton, plaintiff cannot sustain a claim against her under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires an inmate to identify each prison official’s conduct and connect it to the alleged deprivation of legal rights.
Penton v. K. Pool · filed 2018-02-09
The FAC also alleges with particularity each of the Defendants’ actions that interfered with Penton’s timely receipt of his legal mail. See Leer v. Murphy, 844 F.2d 628, 633–34 (9th Cir. 1988) (to prevail on a § 1983 claim, an inmate must show that “the specific prison official, in acting or failing to act, was deliberately indifferent to the mandates of the [law] and [] that this indifference was the actual and proximate cause of the deprivation of the inmate[’]s[]” legal rights).Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation, shown with particularity through personal direction or actual knowledge and acquiescence.
Mikell v. Folino · filed 2018-02-13
“A defendant in a civil rights action must have personal involvement in the alleged wrongs.”Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally caused or participated in the alleged constitutional deprivation for individual liability.
Selby v. Board of Trustees of Moraine Valley Community College District No. 524 · filed 2018-02-20
“Individual liability under § 1983... requires personal involvement in the alleged constitutional deprivation.” ... He did not prompt, encourage, or in any way cause the Officers to use force against Selby, much less excessive force.Read the full opinion on CourtListener →
Section 1983 requires each defendant’s personal involvement in the alleged wrongdoing.
Clemens v. Greene · filed 2018-02-20
Since Plaintiff has failed to plead any personal involvement on the part of these Defendants, the claims against them will be dismissed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Popejoy v. Hunt · filed 2018-02-20
Further, to establish liability under § 1983 there must be some personal involvement on the part of the Defendant. Keeper v. King, 130 F.3d 1309, 1314 (8th Cir. 1997). “Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights” Clemmons v. Armontrout, 477 F.3d 962, 967 (8th Cir. 2007) (internal quotation marks and citation omitted). The Complaint in the case at bar fails to mention Deputies Hernandez and Hunt by name or explain the acts of wrongdoing they allegedly committed. The Complaintalso fails to explain how either Defendantis liable in his official capacity. The Motion to Dismiss will be granted.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation of rights.
Samuels v. Pineda · filed 2018-02-21
Further, to establish liability under § 1983 there must be some personal involvement on the part of the Defendant.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation of a plaintiff’s rights.
Payne v. S. Butler · filed 2018-02-22
The district court properly granted summary judgment for defendant Gutierrez because Payne failed to raise a genuine dispute of material fact as to whether Gutierrez was personally involved in the alleged violation of Payne’s rights.Read the full opinion on CourtListener →
Section 1983 requires a damages plaintiff to show that each defendant personally participated in the alleged constitutional violation.
Vasquez v. Davis · filed 2018-02-23
To recover damages from each of these Defendants under § 1983, Vasquez had to show that such Defendant personally participated in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal or direct involvement in the alleged constitutional violation.
Smith v. Montgomery · filed 2018-02-27
Liability under § 1983 requires personal or direct involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
A Section 1983 claim may proceed against officers who conceal their identities even when the complaint cannot attribute specific acts to each officer.
Greer v. City of Highland Park, Mich. · filed 2018-03-02
We decline to set such precedent and, therefore, uphold the district court’s denial of qualified immunity despite the Greers’ failure to specify in their complaint which acts were committed by whom.Read the full opinion on CourtListener →
Section 1983 does not require an official to participate directly in a constitutional violation to be liable.
Shauf v. Rios · filed 2018-03-02
He may not have directly placed Mounce with Boling, but Section 1983 does not require direct involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation for individual liability.
Rodriguez v. City of N.Y. · filed 2018-03-05
Defendants are correct that personal involvement is a prerequisite to individual liability under § 1983.Read the full opinion on CourtListener →
Section 1983 liability requires a causal link between a defendant’s conduct and the deprivation of rights.
Wilson v. Holloway · filed 2018-03-05
“Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrongdoing; officers who witness an inmate assault and fail to intervene may be liable.
Kornegey v. City of Phila. · filed 2018-03-06
In contrast, Plaintiff's allegations are sufficient to state a § 1983 claim against Defendants Sizer and Young. Specifically, the Amended Complaint alleges that both officers were present when Tumblin assaulted Plaintiff and failed to intervene to stop the assault.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege what each individual defendant did to cause the claimed injury.
Brown v. Heimgartner · filed 2018-03-07
These allegations largely fail to specify what each individual defendant did to injure him and when. For the reasons stated in its order of January 31, 2017, we conclude the district court properly dismissed both the original and amended complaints.Read the full opinion on CourtListener →
Section 1983 requires a factual basis for alleging that a named defendant participated in the constitutional violation.
Tawe v. Clemons · filed 2018-03-08
Tawe concedes on appeal, however, that he has no idea whether the named defendants were involved in the alleged constitutional violations and that he only named those defendants in this lawsuit so that the district court would investigate and he might possibly find out that the judge who heard his cases in the Northern District of Texas got his letter to Warren and then “rejected” it.Read the full opinion on CourtListener →
Section 1983 allows an individual claim against a prison warden when the allegations plausibly show his personal involvement in denying needed medical care.
Brinson v. Lashbrook · filed 2018-03-12
Taken as true, these facts sufficiently allege that Pfister himself acted with deliberate indifference to Brinson’s serious medical needs.Read the full opinion on CourtListener →
A Section 1983 complaint must allege a defendant's personal involvement in the claimed constitutional violation to state a claim against that defendant.
Green v. Harris · filed 2018-03-15
The Court agrees with Defendant that Plaintiff has failed to state a claim against Defendant Sergeant Carney on which relief may be granted because Plaintiff has not alleged that Defendant was personally involved in any of the alleged constitutional violations.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation before damages can be awarded.
Green v. Harris · filed 2018-03-16
Defendant cannot face liability for Plaintiff's claims if he had no personal involvement in the alleged wrongdoing, ... and there is no dispute that Defendant was not involved.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation to state a claim against that defendant.
Dopp v. Larimer · filed 2018-03-19
We agree with the district court that Dopp failed to allege McCoy’s “personal involvement in the alleged constitutional violation” sufficient to state a § 1983 claim against her.Read the full opinion on CourtListener →
An individual-capacity claim under § 1983 requires the official's personal involvement in a constitutional deprivation or wrongful actions causally connected to it.
Brown v. St. Landry Parish Sheriff's Dept · filed 2018-03-21
In order to assert a valid claim against an official in his individual capacity, a § 1983 claimant must establish that the defendant was either personally involved in a constitutional deprivation or that his wrongful actions were causally connected to the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to identify a defendant personally responsible for the alleged constitutional violation.
Jones v. Sparta Community Hospital · filed 2018-03-23
And Jones has not identified ... who was personally responsible for delaying his release after his hearing. The district court properly dismissed Jones’s Eighth Amendment claim.Read the full opinion on CourtListener →
Section 1983 requires evidence of a defendant’s personal involvement in the challenged conduct.
Frankie Walker, Sr. v. Clayton · filed 2018-03-26
But Clayton was not present for the search, and Walker has offered no evidence that he ordered, instigated, or even knew about it in advance. Without evidence of his involvement, a factfinder could not reasonably conclude that Clayton is culpably responsible for the search.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.
Delee v. Hannigan · filed 2018-03-28
“It is well settled in this circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite” to a section 1983 claim.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to connect the named defendants to the alleged mistreatment.
Butterfield v. Young · filed 2018-04-05
Butterfield fails, however, to explain how the alleged poor treatment threatens Butterfield’s safety or that defendants are the parties responsible for the poor treatment.Read the full opinion on CourtListener →
Section 1983 requires facts showing each defendant’s personal involvement in the alleged violation of federal rights.
Troncoso v. Middlesex Sheriff's Office · filed 2018-04-13
Because “[i]t is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable [under § 1983],’” ... Troncoso must allege facts from which the court can ... reasonably infer that a particular defendant was directly involved in the alleged violation(s) of his rights under the Eighth Amendment.Read the full opinion on CourtListener →
Section 1983 requires allegations of specific conduct by each defendant that violated the plaintiff’s constitutional rights.
Dollard v. Callery · filed 2018-04-16
To state a claim against a particular defendant under Section 1983, Plaintiffs must allege specific conduct by that defendant that violated Mr. Dollard’s constitutional rights.Read the full opinion on CourtListener →
A plaintiff seeking relief under Section 1983 must plausibly allege each defendant’s personal involvement in the wrongful conduct.
Scheing v. Officer Casey Fountain · filed 2018-04-24
Thus, a plaintiff seeking relief under § 1983 must plausibly allege “with appropriate particularity” that each defendant was personally involved in the purportedly wrongful conduct.Read the full opinion on CourtListener →
Section 1983 permits a due process claim against individuals alleged to have implemented a policy that plausibly provides constitutionally insufficient process.
Cohen v. Board of Trustees of the University of the District of Columbia · filed 2018-04-24
ORDERED that the defendants’ motion to dismiss the plaintiff’s due process claim against individual defendants Allen Sessoms and Graeme Baxter pursuant to 42 U.S.C. § 1983 is DENIED because the plaintiff stated a claim that these individual defendants implemented the plausibly constitutionally insufficient Sixth Master Agreement; and it is further ORDERED that the defendants’ motion to dismiss the plaintiff’s due process claim against individual defendant Vernise Steadman pursuant to 42 U.S.C. § 1983 is GRANTED because the plaintiff failed to state a claim; and it is further ORDERED that the defendants’ motion to dismiss the plaintiff’s due process claim against the individual defendants pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) is GRANTED because the plaintiff failed to state a claim.Read the full opinion on CourtListener →
Section 1983 requires a complaint to allege each defendant’s personal involvement in the constitutional violation.
Mayfield v. Harvey County Sheriff's Dept. · filed 2018-04-30
But “liability under § 1983 must be based on [a] defendant’s personal involvement in the alleged constitutional violation.” Schneider v. City of Grand Junction Police Dep’t, 717 F.3d 760, 768 (10th Cir. 2013) (alterations and internal quotation marks omitted). So a complaint must allege that each defendant, through his own actions, violated the constitution.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged rights violation; an officer’s presence at an arrest and actions taken afterward do not establish liability for another officer’s arrest.
Dawn Alexander v. Carter · filed 2018-05-02
Because we find that Alexander has failed to establish that Deputy Byrd had a duty to protect her from false arrest, or that Deputy Byrd was personally involved in her arrest, we do not reach the issue of whether probable cause existed for the arrest.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to show that each defendant personally participated in or caused the alleged unconstitutional conduct.
Ramirez v. Sanchez · filed 2018-05-08
Finally, Plaintiff must demonstrate that each defendant “personally participated in or caused the unconstitutional actions.”Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the alleged constitutional violation.
Lattimore v. Klein · filed 2018-05-11
To clarify, when bringing constitutional claims under 42 U.S.C. § 1983, individual liability requires personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege facts linking defendants to the claimed constitutional violation.
Edward Jones, Jr. v. Schwarzenegger · filed 2018-05-22
The district court properly dismissed Jones’s action because Jones failed to allege facts sufficient to link defendants to any constitutional violation.Read the full opinion on CourtListener →
Section 1983 imposes personal liability, so each defendant’s own conduct must be assessed.
Miner v. Ditmanson · filed 2018-05-23
Liability under § 1983 is personal, and each individual defendant's conduct must be assessed.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation.
Nunez v. City of New York · filed 2018-06-05
The argument fails because Nunez does not plead that this identification procedure was itself suggestive. Thus, even if other defendants arrested or prosecuted Nunez despite having reason to question the identification’s reliability, Nunez fails to plead facts showing Acosta’s personal involvement in those “alleged constitutional deprivations.”Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability.
Lewis v. Lee · filed 2018-06-05
Lewis did not rebut the defendants’ argument that Burnes was not authorized to order him to the RHU, and she consequently lacked the personal involvement to be held liable under § 1983.Read the full opinion on CourtListener →
Section 1983 can impose retaliation liability on a state actor who improperly influences an employment decision, but the plaintiff must present evidence of that influence.
Mahn v. Jefferson County · filed 2018-06-07
Under Naucke, a state actor can—in some situations—be subject to § 1983 liability for retaliation where that actor “improperly influenced the decision-making process.” Id. Besides her speculation that Wes told Howard how she voted, Mahn has not presented any evidence that Wes improperly influenced the decision-making process. The district court did not err. See Mann, 497 F.3d at 825.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged wrong; reviewing a grievance after the incident does not establish it.
Jones v. Wetzel · filed 2018-06-07
For defendant Showalter, Jones has not established her participation in the pepper spray incident beyond her review of one of his grievances after it occurred; thus, he has not established the requisite personal involvement by Showalter to state an Eighth Amendment claim against her based on this incident.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing government officials individually to plead each defendant’s personal involvement in the alleged constitutional violation.
Lopez v. Minnesota Vikings Football Club, LLC · filed 2018-06-12
“Because vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” ... Here, the Amended Complaint fails to allege a discrete act by any of the individual County Defendants.Read the full opinion on CourtListener →
Section 1983 requires sufficient allegations of a supervisor's personal involvement to support an individual liability claim.
Cater v. New York · filed 2018-06-21
In the absence of personal involvement by the Governor, or sufficient allegations of the same, Plaintiff's Section 1983 claims fail.Read the full opinion on CourtListener →
Section 1983 does not impose liability on prison officials solely because they supervise others or participate in grievance and disciplinary proceedings.
Flynn v. Department of Corrections · filed 2018-06-22
Furthermore, it is apparent from Flynn’s complaint that several Defendants were sued in their individual capacities either because of their supervisory stature alone or because of their simple participation in grievance and disciplinary proceedings (which, to be sure, produced adverse results for Flynn and were derided by him as unfair). The District Court properly concluded that there is no § 1983 liability under such theories.Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal participation; responding to and denying a grievance alone is insufficient.
Requena v. Roberts · filed 2018-06-22
To the extent he blames Burris, his mere response and denial of Requena's grievance are insufficient to establish the requisite personal participation under § 1983.Read the full opinion on CourtListener →
Section 1983 requires sufficient personal involvement in the alleged misconduct to hold an official liable.
Formica v. Aylor · filed 2018-06-25
With respect to the Molar claim, we affirm the summary judgment award as to Major Dyer and Superintendent Aylor, because they were insufficiently involved in the conduct of which Formica complains.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement to establish liability.
McKinney v. Plyler · filed 2018-07-02
To establish liability under § 1983 there must be some personal involvement on the part of the Defendant. ... Because Defendant Ursery had no personal involvement in Plaintiff’s criminal case, and was actually prohibited from assisting him, she is entitled to summary judgment as a matter of law.Read the full opinion on CourtListener →
Section 1983 permits a claim against jail officials when the evidence leaves a genuine dispute about their role in placing or keeping a detainee in administrative segregation.
McPeek v. Kelsey · filed 2018-07-02
Rabe was listed as the booking officer and Payer, according to McPeek, has control over where inmates are placed, so this Court cannot ... grant them summary judgment on their alleged role in placing or retaining McPeek in administrative segregation.Read the full opinion on CourtListener →
Section 1983 requires an official’s act to be both the factual and proximate cause of a constitutional injury.
Destiny Hoffman v. Knoebel · filed 2018-07-03
Section 1983 imposes liabil- ity only on an official who “subjects, or causes to be subjected, any citizen of the United States or other person within the ju- risdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983; see also Kuhn v. Goodlow, 678 F.3d 552, 555–56 (7th Cir. 2012) (noting that “§ 1983 liability is premised on the wrongdoer’s personal responsibility”). In other words, the of- ficial’s act must both be the cause-in-fact of the injury and its proximate cause.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the alleged constitutional deprivation.
Roy Mitchell, Jr. v. Kallas · filed 2018-07-10
For a defendant to be liable un- der section 1983, she must be personally responsible for the alleged deprivation of the plaintiff’s constitutional rights. ... Because Dr. Laurent was not sufficiently involved in the failure to provide hormone therapy, the district court properly granted summary judg- ment in her favor.Read the full opinion on CourtListener →
Section 1983 requires a causal link between each defendant and the deprivation of rights.
Nicholson v. Helder · filed 2018-07-10
Additionally, as mentioned earlier, Plaintiff has not alleged that any of the named Defendants directly participated in the alleged unconstitutional violation. “Liability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.”Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each individual defendant to conduct under color of state law.
S.C. Elec. & Gas Co. v. Whitfield · filed 2018-07-26
SCE & G has failed to state a plausible claim against the individual commissioners, and without individual allegations against the individual commissioners, the court cannot infer that any actions by the Commissioners violated SCE & G's constitutional rights under the color of state law.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged wrong; supervisory status alone does not establish liability.
Bryant v. Kaskie · filed 2018-07-31
The District Court correctly dismissed Bryant’s claims against Defendant Mooney since his allegations do not plead the personal involvement required to establish liability in a § 1983 claim.Read the full opinion on CourtListener →
Section 1983 does not impose liability on defendants who had no authority over the conduct alleged to have violated the plaintiff’s rights.
Miller v. District of Columbia · filed 2018-08-03
Therefore, the D.C. Defendants can have no liability for the alleged unconstitutional delay in executing the Commission’s warrant.Read the full opinion on CourtListener →
Section 1983 does not impose liability on defendants who had no authority over the conduct alleged to violate a plaintiff’s rights.
Miller v. Dist. of Columbia · filed 2018-08-03
Therefore, the D.C. Defendants can have no liability for the alleged unconstitutional delay in executing the Commission's warrant.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in an arrest for individual false arrest liability.
Nardoni v. City of N.Y. · filed 2018-08-07
Here, Plaintiff points to no evidence of Detective Terrell's personal involvement in his arrest. Accordingly, Defendants are entitled to summary judgment on Plaintiff's false arrest claim.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional violation for individual-capacity liability.
Miller v. DuPage County Sheriff · filed 2018-08-08
Individual-capacity liability under § 1983 requires a defendant’s personal involvement in the alleged constitutional violation.Read the full opinion on CourtListener →
Section 1983 requires a defendant to have personally participated in, directed, or caused the unconstitutional act through a policy or custom.
Tripp v. Morgan · filed 2018-08-13
Under § 1983, liability can only be established if a defendant was personally involved in the unconstitutional act, directed the unconstitutional act, or was involved in creating the policy or custom that was the moving force behind the unconstitutional act.Read the full opinion on CourtListener →
Section 1983 requires specific allegations that a defendant personally participated in creating the challenged conditions of confinement.
Sutton v. Pounds · filed 2018-08-21
Because Sutton failed to advance specific allegations that defendants personally participated in creating his conditions of confinement, the district court correctly held that his Eighth Amendment claim could not proceed.Read the full opinion on CourtListener →
Section 1983 permits personal liability for prison officials who learn of an inmate’s untreated medical condition through grievances and fail to act.
Bilik v. Hardy · filed 2018-08-24
Inmate correspondence to a prison official may “establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge of a constitutional deprivation.” Perez, 792 F.3d at 782. ... Read in the light most favorable to Bilik, the pleadings support a theory that prison doctors were mistreating or not treating Bilik for the entire period he was in custody and that both Hardy and Butler knew about the mistreatment or non-treatment through Bilik’s grievances but did nothing to remedy the problem.Read the full opinion on CourtListener →
Section 1983 does not require direct participation when a defendant sets in motion events she knew or reasonably should have known would cause others to violate a person’s constitutional rights.
Halley v. Huckaby · filed 2018-08-27
As we explained in Snell v. Tunnell, “direct participation is not necessary” for liability under § 1983. ... “The requisite causal connection is satisfied if the defendant set in motion a series of events that the defendant knew or reasonably should have known would cause others to deprive the plaintiff of her constitutional rights.” ... A reasonable jury could find Huckaby set in motion a series of events that she should have known would cause others to violate J.H.’s Fourth Amendment rights.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the acts for which a plaintiff seeks to hold that defendant liable.
Sanchez v. Davis · filed 2018-08-27
However, he has not shown that Pittman was personally responsible for any of these acts, and he thus may not be held liable under Section 1983.Read the full opinion on CourtListener →
Section 1983 individual capacity claims may proceed when the complaint sufficiently alleges the defendants’ personal involvement.
Whitmire v. Kansas City Police Department · filed 2018-08-29
The Court agrees with plaintiff that, for purposes of this motion to dismiss, he has sufficiently pled the personal involvement of defendants Terman and Klein. Defendants’ motion to dismiss the individual capacity claims pled against Terman and Klein is DENIED.Read the full opinion on CourtListener →
Section 1983 requires allegations connecting each defendant personally to the alleged misconduct; vague group pleading is insufficient.
Safari Childcare Inc v. Penny · filed 2018-08-30
That extreme degree of group pleading is insufficient in a § 1983 suit, where liability requires personal involvement; dismissal accordingly is warranted.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have caused or participated in the constitutional deprivation.
Johnson v. Iugieson · filed 2018-09-05
The argument succeeds as to Stroud, as there is no record evidence indicating that he had any involvement in the December 15 transfer. It follows that Stroud cannot be held liable for that transfer. See Pepper v. Vill. of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005) (“[T]o be liable under § 1983, the individual defendant must have caused or participated in a constitutional deprivation.”) (internal quotation marks omitted).Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged constitutional deprivation to support individual liability; direct participation is not required.
Carter v. Baldwin · filed 2018-09-05
“[Section] 1983 lawsuits against individuals require personal involvement in the alleged constitutional deprivation to support a viable claim. Although direct participation is not necessary, there must at least be a showing that [defendant] acquiesced in some demonstrable way in the alleged constitutional violation.” Palmer v Marion County, 327 F.3d 588, 594 (7th Cir. 2003). ... With these new allegations, the court finds sufficient personal involvement of Chamberlain with plaintiff during plaintiff’s time at Dixon.Read the full opinion on CourtListener →
Section 1983 requires evidence of each defendant’s personal involvement in an alleged constitutional violation to bring that defendant to trial.
Jutrowski v. Township of Riverdale · filed 2018-09-12
The authorities on which we rely—tort law principles informing § 1983 liability, our own precedent, and the wisdom of our Sister Circuits—are thus unanimous that, in the face of motion for summary judgment, a § 1983 plaintiff must produce evidence supporting each individual defendant’s personal involvement in the alleged violation to bring that defendant to trial.Read the full opinion on CourtListener →
Section 1983 requires evidence that the defendant personally participated in or caused the alleged deprivation of rights.
Heine v. Comm'r of the Dep't of Cmty. Affairs of State · filed 2018-09-18
Section 1983 imposes liability only on a "person who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person ... to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States." ... They have not produced any evidence, however, that DCA or its Commissioner, either by implementation of a policy or by direct action, brought about the City's closure of the Property in violation of § 1983 or the FHA.Read the full opinion on CourtListener →
A defendant’s own actions can establish the personal involvement required for individual liability under § 1983.
Boyden v. Conlin · filed 2018-09-18
On this record, however, a reasonable jury could find that Conlin was personally involved: (1) in his capacity as Secretary of ETF administering health care coverage to state employees; (2) in the reinstatement of the Exclusion by personally determining that the four contingencies set by GIB at the December 2017 meeting were satisfied; and (3) in drafting contract amendments to health plans.Read the full opinion on CourtListener →
Section 1983 requires a causal link between a defendant’s conduct and the deprivation of rights.
Leyva v. Portlock · filed 2018-09-20
Further, Plaintiff does not mention any of the Defendants in connection with the denial of shower claim. “Liability under section 1983 requires a causal link to, and direct responsibility for, the deprivation of rights.” Clemmons, 477 F.3d at 967 (citation omitted). Plaintiff’s allegations fail to state a plausible claim.Read the full opinion on CourtListener →
Section 1983 does not make a defendant liable for failing to perform another employee’s duties.
Redman v. Doehling · filed 2018-09-26
She was not personally responsible for scheduling the appointments or transporting him to them. And she cannot be held liable under § 1983 for failing to do another prison employee’s job.Read the full opinion on CourtListener →
Section 1983 requires an individual to cause or participate in a false arrest for personal liability; ministerial acts after the arrest are insufficient.
Swenie v. Village of Maywood · filed 2018-09-27
As such, on the record before us, the Court cannot say that Yancy sufficiently participated in the false arrest to make him liable as a matter of law.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking individual liability to plausibly allege each defendant's personal involvement in the constitutional deprivation.
Colon v. Annucci · filed 2018-09-28
Plaintiff has failed to plausibly allege the personal involvement of Annucci, Bellnier, Keyser, and Polizzi. ... The Complaint contains no allegations whatsoever that these Defendants were involved in, aware of, or somehow permitted these incidents to take place.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant to have directly caused or participated in the alleged constitutional deprivation for personal liability.
Am. Homeland Title Agency, Inc. v. Robertson · filed 2018-09-28
An individual cannot be held liable for a § 1983 violation unless he directly caused or participated in the alleged constitutional deprivation. ... Plaintiffs have now had the benefit of considerable discovery, and no evidence has surfaced to show that the Commissioner participated in the alleged constitutional deprivation.Read the full opinion on CourtListener →
Section 1983's personal involvement requirement can be satisfied by direct participation in investigating and presenting charges that lead to a termination decision.
Wozniak v. Adesida · filed 2018-09-28
Defendants Adesida, Hogan, Easter, Clower, Wilson, Wise, Finkin, and Johnson were all directly involved, though to varying degrees, in the investigation, preparation, and presentation of charges that resulted in the Board of Trustees deciding to terminate Plaintiff's employment. ... However, the court disagrees with Defendants' argument that Adesida, Hogan, Easter, Clower, Wilson, Wise, Finkin, and Johnson had so little to do with Plaintiff's termination that they could be found not liable on the theory of lack of personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally responsible for the deprivation of a constitutional right to face personal liability.
Taylor v. Cook County Sheriff's Office · filed 2018-09-30
For personal liability claims pursuant to § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in the constitutional deprivation for which the plaintiff seeks to hold that defendant liable.
Tomas Cuesta, Sr. v. Barker · filed 2018-10-01
To be liable for an Eighth Amendment deliberate-indifference claim, a defendant must be personally involved in the constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires personal involvement or direct responsibility for individual liability; non-medical personnel are not automatically exempt.
Purifoy v. Williams · filed 2018-10-03
While it is true that § 1983 liability requires some personal involvement or direct responsibility, this does not mean that non-medical personnel are necessarily insulated from liability.Read the full opinion on CourtListener →
Section 1983 requires an affirmative causal connection between each defendant’s acts or omissions and the alleged constitutional deprivation.
Alcocer v. Ashley Mills · filed 2018-10-09
Because § 1983 “requires proof of an affirmative causal connection between the official’s acts or omissions and the alleged constitutional deprivation,” Zatler v. Wainwright, 802 F.2d 397, 401 (11th Cir. 1986) (per curiam) (citation omitted), each defendant is entitled to an independent qualified-immunity analysis as it relates to his or her actions and omissions.Read the full opinion on CourtListener →
Section 1983 requires factual allegations of each defendant's personal involvement in the alleged violation; a bare assertion of deliberate indifference is insufficient.
Brzowski v. Sigler · filed 2018-10-09
With regard to Baldwin, Pierce, and Melvin, all that Brzowski alleges regarding this claim (as contrasted with his claim of improper placement in segregation) is that they "were deliberately indifferent to [his] requests to be freed." Id. ¶ 51. This bare conclusion is insufficient to support a false imprisonment claim against them.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s knowledge of a serious medical risk to be assessed individually; knowledge held by other medical staff cannot be imputed to that defendant.
Daniels v. Jacobs · filed 2018-10-16
But the evidence merely establishes that nurses at GCDC were aware of Daniels’s blood glucose results. “[I]mputed or collective knowledge cannot serve as the basis for a claim of deliberate indifference. Each individual defendant must be judged separately and on the basis of what that person kn[ew].”Read the full opinion on CourtListener →
Section 1983 requires a government official’s personal involvement in the alleged wrong; supervisory position alone does not support damages liability.
Watkins v. PA DOC, Secretary, John Wetzel, Superintendent Robert Gilmore · filed 2018-10-18
Claims for money damages for violation of constitutional rights cannot be based on vicarious liability or respondeat superior; to state such a cause of action against a government official under Section 1983, the plaintiff must allege that the individual defendant was personally involved in the alleged wrongs.Read the full opinion on CourtListener →
Section 1983 does not make a prison medical provider liable for treatment decisions made by others when the provider had no authority over those decisions.
Benson v. Bowens · filed 2018-10-25
But Bowens was not authorized to provide Benson with alternative shoes; only the Special Needs Committee could do that. Instead, Bowens made Benson multiple appointments with the orthotist, changed his medication no fewer than four times, and twice submitted his request to the Special Needs Committee. She was not personally responsible for the committee’s denial of the first request nor for Tess’s failure to order the shoes after they were approved. Therefore, a reasonable jury could not find that Bowens was deliberately indifferent.Read the full opinion on CourtListener →
Section 1983 requires particularized allegations of an official’s personal involvement to support a claim against that official in a personal capacity.
CPR v. PA Dep't of Transp. · filed 2018-10-29
To the extent Schember is being sued in his personal capacity, the primary defect with Count III is its failure to allege Schember's personal involvement in the alleged wrongdoing. ... Here, the Complaint is devoid of any factual content that spells out Schember's precise involvement in the relevant decision-making process. ... Accordingly, the Court will dismiss the claim in Count III as it relates to Schember.Read the full opinion on CourtListener →
Section 1983 requires an officer’s personal involvement in the alleged constitutional violation for liability on a false-arrest claim.
Deezia v. City of Lincoln · filed 2018-10-29
Without personal involvement in the alleged constitutional violation, these officers cannot be liable on Plaintiff's false-arrest claim.Read the full opinion on CourtListener →
A § 1983 complaint must allege facts showing how each named defendant violated the plaintiff’s federal rights.
Christian v. Hale · filed 2018-11-07
In order to satisfy this burden, the plaintiff must include factual statements in the complaint, including dates and events, which set forth how each named defendant allegedly violated Plaintiff’s civil or constitutional rights.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to establish each defendant’s personal involvement in the alleged violation.
Damiani v. Duffy · filed 2018-11-09
First, Damiani cannot establish the personal involvement of any defendant for his excessive force claims, or for the majority of his failure to intervene claims.Read the full opinion on CourtListener →
Section 1983 does not make a police sergeant liable for other officers' alleged excessive force based solely on his higher rank.
Williams v. Goodfriend · filed 2018-11-16
The mere fact that Pancoe held a higher rank than the other officers is not enough to render him liable for the other officers' alleged use of excessive force.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to explain how each individual defendant was personally involved in violating the plaintiff’s rights.
Hay v. George Hill Corr. Facility · filed 2018-11-16
However, he is still obligated to explain how each individual named in the Amended Complaint was personally involved in the violation of his constitutional rights, whether due to the prison official's own misconduct or the official's deliberate indifference to known deficiencies in a policy or procedure that violated Hay's rights.Read the full opinion on CourtListener →
Section 1983 requires personal involvement in the alleged deprivation; a prison doctor who lacks authority to arrange, authorize, or pay for surgery is not liable for its absence.
Delaughter v. Woodall · filed 2018-11-19
The record supports Dr. Woodall’s assertion that he has no authority to authorize, schedule, or pay for Delaughter’s surgery. The record includes Dr. Woodall’s unrebutted affidavit in which he states that he is neither equipped nor authorized to perform surgery, nor can he schedule, authorize, or arrange for off-site surgery. Since the lack of surgery is the only claimed “deliberate indifference,” and this is out of Dr. Woodall’s hands, we conclude that Delaughter did not raise a fact issue sufficient to defeat summary judgment.Read the full opinion on CourtListener →
Section 1983 bars vicarious liability for an individual official; the plaintiff must allege the official’s personal involvement in the constitutional deprivation.
Proctor v. District of Columbia · filed 2018-11-27
The Amended Complaint fails to allege that Deputy Mayor Chung was personally involved in any alleged constitutional violation. In short, the Complaint seeks to hold Deputy Mayor Chung personally liable under vicarious liability, which is barred by Section 1983.Read the full opinion on CourtListener →
A § 1983 plaintiff must allege facts showing the defendant’s personal involvement in the alleged harm.
Wyatt v. Sundaram · filed 2018-12-03
To the extent that Wyatt sought to allege a deliberate indifference claim related to his orbital bone fracture, the district court properly determined that Wyatt failed to allege facts sufficient to show that defendant was involved in the treatment of that injury.Read the full opinion on CourtListener →
Section 1983 does not impose liability for failing to investigate a prison grievance when the official was not personally involved in the underlying deprivation.
Ames v. Baldwin · filed 2018-12-07
Rather, Plaintiffs argument relates entirely to Hudson’s failure to adequately investigate a prison grievance, (R. 134, Resp. at 14-15), which is not a cognizable claim under Section 1983.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional wrong; generalized allegations against a group do not establish individual liability.
Park v. Temple University · filed 2018-12-11
In general, “[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[.]’” Baraka v. McGreevey, 481 F.3d 187, 210 (3d Cir. 2007) (citations omitted). ... Consequently, Park has failed to state a due process claim against Sperrazza and we will affirm the District Court’s dismissal of that claim against her.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking personal liability to show that the official personally participated in the deprivation of the plaintiff’s rights.
Williamson v. Stirling · filed 2018-12-21
To establish personal liability under § 1983, however, the plaintiff must “affirmatively show[] that the official charged acted personally in the deprivation of the plaintiff’s rights.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege that a specific defendant was responsible for the challenged action.
Walker v. Bertsch · filed 2018-12-21
We conclude that Walker did not state a due process claim regarding the prison’s grievance system, as the grievance process does not give rise to a liberty interest requiring due process protection, see Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (per curiam); he did not allege that any specific defendant was responsible for his placement in a special administrative unit, see Ellis v. Norris, 179 F.3d 1078, 1079 (8th Cir. 1999); and he did not state a claim regarding the deprivation of his property during that placement, as prison officials may limit personal property in administrative segregation, see Hosna v. Groose, 80 F.3d 298, 305 (8th Cir. 1996).Read the full opinion on CourtListener →
Section 1983 requires a defendant's personal involvement in the alleged constitutional violation; direct participation can satisfy that requirement without a supervisory liability theory.
Bueno v. Chekush · filed 2018-12-21
"Personal liability under § 1983 must be based on personal involvement in the alleged constitutional violation." ... But Plaintiff need not rely upon a theory of supervisory liability because he has plausibly alleged that Defendants directly participated in the alleged retaliation.Read the full opinion on CourtListener →
Section 1983 requires evidence of an officer’s personal involvement to hold that officer liable for excessive force.
Jomear Martin v. City of Newark · filed 2018-12-28
Without evidence of Johnson’s “personal involvement in the alleged violation,” the plaintiff’s claim that Johnson used excessive force must fail.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege an individual defendant’s personal involvement in the constitutional deprivation.
Marentette v. City of Canandaigua · filed 2019-01-08
As it relates to their alleged individual liability under § 1983, Plaintiff has failed to allege any personal involvement by these three individual defendants in the deprivation of Plaintiff's right to petition the government for redress.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Adams v. Simone · filed 2019-01-10
Because Adams presented no evidence that Simone was personally involved either in her detention or in any warrantless entry into her home, the district court properly granted the defendants’ Rule 50 motion as to Simone at the time Adams had rested her case.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged deprivation for liability.
Williams v. Swenson · filed 2019-01-10
Without any personal connection to these grievances, Parker cannot be liable under 42 U.S.C. § 1983.Read the full opinion on CourtListener →
Section 1983 permits individual capacity claims when the allegations sufficiently link the defendants to the alleged violation.
Hurlbut v. Clark · filed 2019-01-15
Bearing this in mind, the Court finds that Plaintiff’s allegations are sufficient to state individual capacity claims against Defendants Jarrett, Clemons, Walter, Trobradovie, Delaney, McDonnell, and Bolden. Thus, those claims should not be dismissed for failure to allege a causal link between those defendants and Plaintiff’s claims.Read the full opinion on CourtListener →
Section 1983 imposes individual liability only when the defendant caused or participated in the constitutional deprivation.
Conner v. Vacek · filed 2019-01-17
Section 1983 creates a cause of action based on personal liability and predicated on fault; to be held liable, an individual must have caused or participated in a constitutional deprivation.Read the full opinion on CourtListener →
Section 1983 requires a showing that the named defendants personally violated the plaintiff's rights.
Johnson v. Miller · filed 2019-01-28
A claim under 42 U.S.C. § 1983 requires a showing that the named defendants personally violated the plaintiff's rights.Read the full opinion on CourtListener →
Section 1983 requires each defendant to be personally involved in the alleged constitutional violation.
Hines v. Youseff · filed 2019-02-01
An official is liable under § 1983 only if “culpable action, or inaction, is directly attributed to them.”Read the full opinion on CourtListener →
Section 1983 permits a claim against a supervisor when the complaint sufficiently alleges his personal involvement through knowledge of and failure to stop employees’ retaliation.
Borrero-Bejerano v. Comwlth of PA, DOC · filed 2019-02-08
We hold the complaint avers sufficient facts in support of Kauffman’s alleged personal involvement to support a Section 1983 claim against him at the preliminary objection stage.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; an official’s written order directing the challenged conduct can establish that involvement at the pleading stage.
Curtis v. Wetzel · filed 2019-02-13
In light of this statement from a prison official that Defendants Wetzel and Klopotoski issued a written order to Curtis, we conclude that the District Court erred in granting a motion to dismiss on the ground that those defendants had no apparent personal involvement.Read the full opinion on CourtListener →
Section 1983 requires a defendant to be personally involved in or directly responsible for the incident that caused the injury.
McRae v. Bradshaw · filed 2019-02-14
To state a § 1983 claim against a defendant, Plaintiff must allege a defendant “was personally involved in or had direct responsibility for incidents that” resulted in injury.Read the full opinion on CourtListener →
Section 1983 requires allegations of wrongdoing by each defendant against whom a claim is asserted.
Harnage v. Lightner · filed 2019-02-15
The District Court correctly concluded that the amended complaint fails to allege any wrongdoing by three named defendants: Surgical Intern Shari, Dr. Wu, and Dr. Giles.Read the full opinion on CourtListener →
Section 1983 permits group pleading at the motion to dismiss stage when the complaint alleges that each defendant participated in the challenged conduct; the plaintiff must later connect particular defendants to particular injuries.
Sibley v. Dart · filed 2019-02-19
Plaintiff alleges that each Defendant participated in this challenged conduct. ... The Court notes that Plaintiff must eventually tie particular Defendants to particular injuries to survive summary judgment. But at the motion to dismiss stage, Plaintiff’s group pleading—although not ideal—is not prohibited.Read the full opinion on CourtListener →
Section 1983 does not require personal participation in a constitutional deprivation if the plaintiff establishes the required causal connection.
Sheffield v. City of Boston · filed 2019-02-22
Personal participation by an individual in the deprivation of a constitutional right is not required to establish liability under § 1983, so long as plaintiff establishes the requisite causal connection.Read the full opinion on CourtListener →
Section 1983 requires proof that each individual defendant was personally involved in the alleged rights violation.
Kingsley v. Lawrence County, Missouri · filed 2019-02-25
Because a § 1983 plaintiff must show “each individual defendant’s personal involvement in the alleged violation,” Defendants DeLay and Berry are entitled to judgment as a matter of law on Count I.Read the full opinion on CourtListener →
Section 1983 requires facts connecting each defendant to the alleged deprivation of rights; supervisors cannot be held liable solely because they oversee others.
Bitzan v. Bartruff · filed 2019-02-26
We also agree the district court properly granted summary judgment on Bitzan’s retaliation claims against VanWye, Nelson, Eaves, Dahm, and Bartruff, because Bitzan did not allege any facts connecting those defendants to the challenged actions. See Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990) (explaining § 1983 liability requires causal link to, and direct responsibility for, alleged deprivation of rights); Langford v. Norris, 614 F.3d 445, 460 (8th Cir. 2010) (recognizing “prison supervisors . . . cannot be held liable under § 1983 on a theory of respondeat superior,” and may be liable only where their inaction amounts to deliberate indifference to or tacit authorization of violative practices).Read the full opinion on CourtListener →
Section 1983 requires a plaintiff suing a state official in an individual capacity to plausibly allege the official’s personal involvement in the alleged constitutional violation or the policy that caused it.
Young America's Found. v. Kaler · filed 2019-02-26
As such, whether suing a state defendant in their official or individual capacity, a plaintiff must plausibly allege that that official had some kind of personal involvement with the purportedly unconstitutional policy or action.Read the full opinion on CourtListener →
Section 1983 permits a claim against officials alleged to have personally perpetrated discriminatory harassment.
Gonsalves v. Dart · filed 2019-02-26
Furthermore, as Martin, Infelise, and Valencia were the alleged perpetrators of this hostile work environment, the complaint sufficiently states a claim for violation of § 1983 against them in Counts V and VI.Read the full opinion on CourtListener →
A § 1983 claim against a state employee requires plausible allegations that the employee was personally involved in the challenged action or policy.
Young America's Foundation v. Berthelsen · filed 2019-02-26
As such, whether suing a state defendant in their official or individual capacity, a plaintiff must plausibly allege that that official had some kind of personal involvement with the purportedly unconstitutional policy or action. ... First, the Court finds that the Complaint presents more than a “sheer possibility” that Clark and Berthelsen were personally involved with the LSEP, including its application to the Shapiro speech. ... By contrast, the Court finds that the Complaint’s allegations of “personal involvement” fall short with respect to President Kaler.Read the full opinion on CourtListener →
Section 1983 does not permit liability based solely on respondeat superior; a defendant must be personally involved through personal direction, actual knowledge, or acquiescence.
Henry v. Warden James T Vaughn Corr · filed 2019-03-01
Because this is an action under § 1983, Henry 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 permits a due process claim against individuals directly responsible for the alleged deprivation.
Eaton v. Town of Townsend · filed 2019-03-06
However, Eaton may only seek to hold liable the individuals who were directly responsible for any alleged due process deprivation, that is, the BOS.Read the full opinion on CourtListener →
Section 1983 does not impose liability for denied medical care on officials when the evidence does not show that they denied treatment or knew of the prisoner’s medical needs.
Sears v. Warden Okeechobee Correctional Institute · filed 2019-03-11
Further, assuming that Sears was denied medical care by prison officials, there is no evidence that Thomas, Quinones, and Brown were the officials who deliberately denied him treatment. Thus, a reasonable fact-finder could not find that Thomas, Quinones, and Brown deliberately delayed or denied him access to medical care for reasons that amounted to more than negligence, as he admits that he never made his medical needs known to them.Read the full opinion on CourtListener →
Section 1983 permits individual liability only when the defendant caused or participated in the alleged constitutional deprivation.
Ruby Rodriguez v. Milwaukee County, Wisconsin · filed 2019-03-14
Rodriguez attempts to attribute her entire 13-hour detention to Porter, but an individual “cannot be held liable in a § 1983 action unless [s]he caused or participated in an alleged constitutional deprivation.”Read the full opinion on CourtListener →
Section 1983 permits an unlawful arrest claim against individual officers when the complaint alleges that they participated in the arrest.
Smith v. City of New York · filed 2019-03-14
The foregoing states a cause of action under 42 USC § 1983 against the individual defendants ( see Shelton v New York State Liq. Auth. , 61 AD3d 1145, 1148 [3d Dept 2009]; Littlejohn v City of New York , 795 F3d 297, 314 [2d Cir 2015]). At this procedural juncture, it is not necessary for plaintiff to allege that any of the individual defendants did any more than participate in his unlawful arrest.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged constitutional deprivation for individual liability.
Troutwine v. Kuhse · filed 2019-03-15
In other words, deliberate indifference claims require “actual knowledge of an impending harm,” Santiago v. Walls, 599 F.3d 749, 756 (7th Cir. 2010), a rule rooted in the well-established principal that individual liability under § 1983 requires “personal involvement in the alleged constitutional deprivation,” Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014).Read the full opinion on CourtListener →
A supervisor’s position and a letter alerting him to an unmet medical need can support an inference of personal involvement under § 1983.
Clemons v. Wexford Health Services, Inc. · filed 2019-03-16
Similarly, here, Dr. Funk’s position, combined with the fact that Clemons sent a letter directly to Dr. Funk requesting Dr. Funk’s assistance in obtaining his prescribed custom-fitted therapeutic shoes, is sufficient for this Court to infer that Dr. Funk was at least partly responsible for Clemons’s inadequate medical care.Read the full opinion on CourtListener →
Section 1983 requires a defendant’s personal involvement in the alleged violation; a jail administrator is not liable solely because of his position.
McRae v. Bradshaw · filed 2019-03-19
Other than Plaintiff’s bare bone allegations, there is nothing in the summary judgment record to demonstrate Defendant Owens was personally involved in Plaintiff’s medical care at the OCDC or that he had any direct responsibility for any alleged delay in the care Plaintiff was provided.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each defendant and the alleged misconduct.
Wade v. Ramos · filed 2019-03-19
Liability under Section 1983 is predicated upon fault, requiring a plaintiff to “demonstrate a causal connection between (1) the sued officials and (2) the alleged misconduct.”Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege each defendant’s personal involvement in the claimed violation.
Hermann v. Dunn County · filed 2019-03-20
Third, the Hermanns failed to allege any personal involvement of the county treasurer or corporate counsel, as required under § 1983.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff seeking to hold an individual liable to allege that the defendant caused or participated in the constitutional violation.
Canada v. Hall · filed 2019-03-21
In order to hold an individual liable for an alleged constitutional violation under 42 U.S.C. § 1983, a plaintiff must allege that the individual defendant caused or participated in the constitutional violation at issue.Read the full opinion on CourtListener →
Section 1983 requires a plaintiff to allege a defendant’s personal involvement in the claimed constitutional violation.
Thomas v. Corbett · filed 2019-03-22
The plaintiff must, therefore, allege that the individual had personal involvement in the alleged violations. ... We agree that Thomas does not allege that Governor Corbett was personally involved in any of the alleged wrongs done to him. Such a claim cannot, therefore, be brought against Governor Corbett.Read the full opinion on CourtListener →
Section 1983 requires a causal connection between each defendant and the alleged misconduct; officers who neither made nor knew of alleged omissions from a warrant application are not liable for them.
Wade v. Ramos · filed 2019-03-22
There is simply no basis for a reasonable jury to conclude that either Frano or Reina omitted information from the criminal complaint or were aware of another officer’s omissions. For that reason, both are entitled to summary judgment on Count II.Read the full opinion on CourtListener →
Section 1983 permits personal liability for officers who enforce an unconstitutional policy even if they did not create it.
Nicholas v. Bratton · filed 2019-03-26
Accordingly, so long as Davis and DeBonis's acts of confining the civilian press to the designated press area and of expelling Nicholas from the scene for his violation of the "frozen zone" were effectuated pursuant to the City's unconstitutional restrictions on newsgathering, they may be held personally liable under Section 1983. ... Accordingly, Davis and DeBonis's motion for summary judgment on the basis of their limited personal involvement in Plaintiff's alleged constitutional injury is denied.Read the full opinion on CourtListener →
Section 1983 requires an individual defendant’s personal involvement in the constitutional deprivation for liability.
Jackson v. Harvey Park District · filed 2019-03-26
To hold the individual defendants liable for retaliation, Jackson must be able to demonstrate that they were personally involved in the constitutional deprivation. See Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010). For this reason, he cannot maintain this claim against Patterson.Read the full opinion on CourtListener →
Section 1983 permits a damages claim against an individual official when the complaint plausibly alleges her personal involvement in a constitutional deprivation.
Davis v. N.Y.C. Hous. Auth. · filed 2019-03-29
"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." ... The Court concludes that these facts are sufficiently well pleaded to plausibly allege Olatoye's personal involvement in the challenged conduct, such that dismissal of the claims against the individual Defendant is inappropriate at this stage.Read the full opinion on CourtListener →
Notes 60451–60600 of 71,725, oldest cases first.
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